NANDLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant being aggrieved by the judgment D/- 7-3-1999 passed in Sessions Trial No. 199/94 by the learned First Addl. Sessions Judge, Baloda Bazar convicting the appellant for offence punishable under Section 306, I.P.C. and sentencing him to undergo R.I. for 10 years and pay fine of Rs. 5000/-, in default of payment of fine to undergo R.I. for one year, has filed this appeal.

(2.) The prosecution case in brief is that the accused had married with the deceased Geetabai about six months prior to her death. Sometime before the death on 1-11-1993 the husband of the deceased had some fight/dispute with the deceased, taking an exception either to the fight/dispute or the conduct of the accused, the deceased Geetabai oured kerosene oil and immolated herself. She was admitted in the hospital on 1-11-1993 where her dying declaration Ex. P. 3 was recorded by PW-8 Sajjan Singh. The said Geetabai breath her last on 10-11-1993.

(3.) Shri Siddarath Datt learned counsel for the appellant submits that even the entire prosecution evidence is taken as it is, the prosecution would not be successful in securing the conviction of the accused. According to him neither the requirement of Section 306, I.P.C. on facts nor on the legal foundation is satisfied therefore, the conviction is bad on facts and in law.