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2023 Supreme(MP) 279

SUJOY PAUL, ACHAL KUMAR PALIWAL
Sonu @ Ballu Hathkaiya – Appellant
Versus
P. S. Katangi, The State of Madhya Pradesh – Respondent


Advocates appeared:
V. K. Rishi with Abhishek Rishi for appellant; Arvind Singh, Government Advocate for respondent/State.

JUDGMENT

1. This is an appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 (In short “Cr.P.C.”) against the judgment dated 25.7.2012 passed in Sessions Trial No. 465/2011 by Sessions Judge, Jabalpur whereby appellant was held guilty for committing an offence punishable under sections 302 of IPC and directed him to undergo sentence of R.I. for life with fine of Rs. 500/-, in default to suffer further RI for one month.

2. The prosecution story, in brief, is that on the date of incident i.e. 14.2.2011, in the evening at 06-07 pm, when deceased Gunja was preparing meal, appellant/accused, who is brother-in-law (Devar) of deceased Gunja, poured kerosene oil on her & thereafter, set her ablaze. Chaman Lal, elder brother of appellant, took her to Medical College, Jabalpur & got admitted there for treatment. On 15.2.2011, Tehsildar P.S. Tripathi recorded dying declaration of Gunja Ex.P-10. Initially Offence punishable u/s 307 of IPC was registered against appellant by ASI JP Dwivedi & lodged FIR Exh. P-8. On 15.2.2011, SI Lokendra Singh received information Exhibit P-15 about deceased’s admission & when deceased succumbed to injuries, he received information relating t

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