- (1.) Leave granted.
(2.) This appeal is directed against the judgment and order dated 07.05.2009 passed by the High Court of Judicature at Jabalpur, Madhya Pradesh in Criminal Appeal No. 884 of 2000 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein.
(3.) Brief facts: (a) This case relates to one Maladeep, resident of village Semaria, District Rewa, Madhya Pradesh, who was burnt to death by her husband-Ram Viswas, the appellant herein by pouring kerosene oil. (b) Maladeep (the deceased) and Ram Viswas were married to each other but were not in good terms. The appellant herein was not happy with his married life and often used to quarrel with Maladeep. He was actually forcing his wife to leave her matrimonial home which was not agreeable to her. (c) In order to get rid of her, on 03.02.1998, in the midnight, the appellant herein poured kerosene oil on Maladeep and set her on fire. On hearing her cries, a number of persons gathered on the spot and tried to extinguish the fire. The appellant herein also tried to douse the fire and got his hands burnt. (d) Maladeep was taken to the G.M. Hospital, Rewa and a First Information Report (FIR) being No. 10/98 was registered against the appellant herein with the Police Station Semaria. On 04.02.1998, the CMO, G.M. Hospital Rewa, opined that she had sustained 100% burn injuries and at about 03:05 p.m., the statement of Maladeep was recorded wherein while narrating the whole story, she named her husband-the appellant herein for the overt act. On 07.02.1998, she succumbed to her injuries. (e) After filing of the charge sheet, the case was committed to the Court of Sessions Judge, Rewa, (M.P.) and numbered as Session Case No. 80/98. The trial Court, by order dated 22.04.1999, convicted the appellant under Section 302 of the Indian Penal Code, 1860 (in short 'the IPC') and sentenced him to suffer RI for life along with a fine of Rs. 100/-, in default, to further undergo RI for 1 month. (f) Being aggrieved, the appellant herein preferred Criminal Appeal No. 884 of 2000 before the High Court. By judgment and order dated 07.05.2009, the High Court dismissed the appeal filed by the appellant herein. Questioning the same, the appellant has filed this appeal by way of special leave before this Court.;