SHARAD GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 27/6/2006 passed by learned Sessions Judge, Vidisha in Sessions Trial No. 120/2003 convicting the appellant under Sections 302 and 498-A of IPC and thereby sentencing him to suffer "life imprisonment with fine of Rs.2.000/- and rigorous imprisonment of two years and fine of Rs.2.000/- respectively, in default of payment of fine to suffer further rigorous imprisonment of 31/2 months, this appeal has been preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that three months prior to the date of incident in December, 2002 the deceased got married with the appellant. After solemnizing the marriage, the behaviour of appellant - became cruelsome towards the deceased and he often cause marpeet to her. In the marriage the parents of the deceased gave bed, utensils, sewing machine, T.V. etc., but they were broken by the appellant by saying that all these items are not in working order and was insisting the deceased to bring some more items in dowry. Ramesh, Raju and Govind are the cousins of the deceased. On the fateful day viz. 29/3/2003 the appellant caused marpeet with the deceased by kicks and fists and after pouring kerosene on her, lit the fire. The mother-in-law of the deceased, at that juncture, had gone to the temple. The appellant also doused water on the deceased. On account of being screamed by her, the neighbours, namely, Aziz Bhai, his wife Kamla and jeth-jithani (brother-in- law and sister-in-law of the deceased) arrived at the spot. It is further said that Aziz Bhai by covering the deceased by a quilt, extinguished the fire. Thereafter, the deceased was brought to the hospital. Later on the father of deceased submitted application in the police station, Kurvai and thereupon a case was registered and the matter was investigated.

(3.) The investigating agency arrived at the spot; seized ordinary earth, container of kerosene, burnt matchsticks, mangalsutra (a sacred thread having pearls etc. being worn by a married lady), stove and burnt pieces of clothes from which smell of kerosene, was coming out: recorded the statements of the witnesses and also got the dying declaration of the deceased recorded on 30/3/2003 through Tahsildar. On account of the death of the deceased on 9/4/2003 her dead body was sent for postmortem. The necessary articles were sent to the Forensic Science Laboratory at Sagar for examination.