ARJUN KUSHWAH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant-Arjun Kushwah has been convicted under Section 306, Indian Penal Code and sentenced to rigorous imprisonment for four years and to a fine of Rs. 1,000/-.

(2.) Deceased-Rekha was wife of the appellant, who died on account of hundred per cent burn injuries sustained by her on 16-2-1995 within three years of her marriage. The incident took place in the house of her husband.

(3.) The prosecution case is that the appellant was demanding a motorcycle from the parents of the deceased. He was paid Rs. 15,000/- and again an amount of Rs. 5,000/- was paid to him. He used to beat and torture his wife. On 16-2-1995 at 6.30 P.M. the mother-in-law of the deceased asked her to take her son aged about one year to the first floor of the house. Rekha replied that she has just come to the ground floor with the child. At that time, the accused asked the deceased why she was not obeying her mother-in-law. He started assaulting her with fisticuffs. She took up the kerosene can from the kitchen and poured kerosene on her. Her husband, the appellant provoked her to ignite fire. She set her ablaze then and there. She died in the hospital after two days as she had sustained hundred per cent burn injuries.