SHEKHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374 of Code of Criminal Procedure, 1973 (for short 'Cr.PC') has been preferred by the appellant against the order of conviction pronounced by Third Additional Sessions Judge, Ratlam in ST No.128/2000 vide judgment dated 31.07.2001, whereby the appellant has been convicted under Section 302 of Indian Penal Code, 1860 (for short 'IPC') and has been sentenced to undergo Life Imprisonment along with fine of Rs.500/-and in default, to suffer three months of Simple Imprisonment.

(2.) The admitted facts are that deceased-Radhabai got married with appellant-Shekhar in a community marriage ceremony on 20.04.1999. It is also admitted that Radhabai died on 03.05.2000 due to burning.

(3.) The prosecution story in short is that after the marriage of deceased-Radhabai she was being harrassed by her husand and in-laws for dowry. She was left at her parental house and later on, deceased was brought back by her in-laws on their own responsibility on 03.05.2000, the appellant has poured kerosene over her and burnt her. She was admitted in hospital where her dying declarations were recorded, however, she succumbed to her injuries on the same day. Inquest was performed, statement of witnesses were recorded, post-mortem was performed and thereafter FIR was got registered. After investigation, spot-map was prepared and seizure etc. Recording of statement of deceased under-Section 161 of Cr.PC was done and chargesheet was filed under-Section 302 and 498-A of IPC against the appellant and his parents namely; Savitribai and Gordhanlal.