BHEEM ALIAS PRAKASH Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
Bheem Alias Prakash
STATE OF MADHYA PRADESH
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Anjuli Palo,J. -
(1.) Being aggrieved by the judgment dated 15.09.2010 passed by the learned Sessions Judge, District Betul in ST No. 242/2009, this appeal has been preferred by the appellant-accused who stands convicted under Section 302 of the Indian Penal Code for committing murder of his wifeJyoti and sentenced to undergo life imprisonment with fine for Rs. 1,000/- and further 6 months simple imprisonment in default of payment of fine.
(2.) Marriage of the appellant and deceased-Jyoti was solemnized about 5 years prior to the incident and they were residing together. They have a child (boy) aged about 3 years. It is not in dispute that deceased Jyoti died due to burn injuries and the incident occurred at the house of the appellant in his presence.
(3.) As per prosecution s case, on 22.05.2009 at about 11:30 pm the appellant, under influence of alcohol, had a quarrel with his wife-Jyoti (since deceased). He mocked and abused her for her tribal accent/language and called her manhoos (ill-omened). Thereafter, he poured kerosene oil and set her ablaze. Later, while trying to save Jyoti, the appellant also sustained some burn injuries. He brought her to the hospital, where she was under treatment till 27.05.2009. Doctor recorded her dying declaration on 23.05.2009. Meanwhile, she narrated the incident to the Police Constable and lodged FIR and on the basis of the report, a criminal case under Section 307 of the Indian Penal Code was registered against the appellant. On 28.05.2009, she was shifted to Kasturba Hospital Sevagram Varda where she died. Thereafter, police registered offence under Section 302 of the Indian Penal Code against the appellant and arrested him. After investigation, charge-sheet was filed before the trial Court.;
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