DAMOO ALIAS DAMODAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT, who has been found guilty of commission of an offence under Section 302 of the Indian Penal Code by the Court of Sessions judge, Shajapur, in Sessions Trial No. 78 of 1993, decided on 3. 10. 1994, has preferred this appeal.

(2.) AS per prosecution story, appellant Damoo @ Damodar was married to Bharti about two years back. Both of them were living in Marwadseri Shajapur. On 26. 10. 1992, deceased Bharti alongwith her sister-in-law Smt. Nirmalabai had gone to touch the feet of elders to seek their blessings on account of functions of Deepawali. When appellant Damoo came to know about it, and on her return, deceased Bharti was questioned as to why did she go without seeking his permission. Appellant got infuriated on account of the fact mat deceased had not cared to seek his prior permission before doing so. Thus, he started beating her. Not being satisfied with this, he bolted her inside the room and after pouring kerosene on her she was alighted by the appellant.

(3.) PROSECUTION story further goes to show that Nirmalabai, sister-in-law of the deceased, on coming to know that Bharti has been put to fire, rushed to the house of Mangilal and Kamlabai and informed them about the incident. They came immediately and found deceased Bharti, Nirmala and appellant in the courtyard. After seeing the burninjuries of Bharti, they immediately rushed her to the Hospital. Before she was taken to the Hospital, they had inquired from Bharti, as to how she had received the burn injuries, to which, they were told that her husband Damoo had poured kerosene and, then, she was put to ablaze. She was admitted in Civil Hospital at Shajapur. But, as her condition was serious, having received about 58. 05% of burn injuries, she was shifted to Ujjain Civil Hospital for her further treatment. She, however, expired on 11. 12. 1992.