BHAGWAT Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been filed on 24/12/2009 under Section 374 (2) of the Cr.P.C. against the judgment dated 12/11/2009 passed in Session trial No. 259/2009 by the Sessions Judge, Sagar by which the learned Lower Court convicted the appellant for offence under Section 302 of the I.P.C. and sentenced him to undergo life imprisonment with fine of Rs. 10,000/- with default stipulation for one year R.I.

(2.) As per prosecution case, deceased Krishna Bai D/o Tulsiram (PW-13) was present in the field of Uday Rajak. On 10/02/09, Basant and Golu reached there for taking the photograph of Harsh for the purpose of insurance policy. The accused reached there holding lathi in his hand and said to Krishna that why she called two boys. Thereafter, he assaulted the boys but they ran away. The accused also assaulted Krishna by means of lathi. Thereafter, he poured the kerosene oil and set her ablaze. After hearing the sound, some other person reached there including the brother of the deceased and father of the deceased. The deceased narrated the entire incident to her father and brother. Thereafter, they rushed to the hospital.

(3.) Dr. Prashant Awasthy examined the deceased and gave the opinion Ex. P-13 to the police. The police informed the Executive Magistrate. Thereafter, the Executive Magistrate reached to the hospital and recorded the dying declaration of the deceased. The deceased was admitted in the hospital on 10/02/2009 at about 6:10 P.M. After primary treatment, the Doctor gave the medical report Ex. P-12 and referred the patient to the District Hospital Sagar vide Ex. P14. On 11/02/2009 at about 2:30 P.M. the deceased expired. Thereafter, the information Ex. P-8 was sent to the police station Gopalganj, District Sagar upon which the police registered the Merg No. 01/09 and upon the basis of aforesaid merg Ex. P-9, original Merg Ex. P-18 was registered as Merg No. 4/09 at Police Station Deori. The police reached on the spot and issued the notice to the witnesses. Thereafter, prepared the inquest Panchnama Ex. P-10 and sent the dead body for post-mortem with an application Ex. P-11. After post-mortem, the report Ex. P-19 was received by the police.