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2023 Supreme(MP) 823

SUJOY PAUL, BINOD KUMAR DWIVEDI
Sanjay Ahirwar S/o Shri Mahesh Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sunil Pandey.
For the Respondent: A.N. Gupta.

JUDGMENT :

SUJOY PAUL, J.

1. This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 assails the judgment dated 29/03/2016 passed in Sessions Trial No. 412/2013 decided by learned Additional Sessions Judge, Jabalpur whereby appellant was held guilty for committing offence under Section 302 of IPC and directed him to undergo sentence of Life imprisonment with fine of Rs. 1000/- with default stipulation.

2. In short, the case of prosecution is that deceased Jyoti is the wife of present appellant. The appellant allegedly poured Kerosene on Jyoti and set her ablaze. There are multiple dying declarations in this matter.

3. First dying declaration (Ex.P/19) was recorded on 17/03/2013 at 11:40 P.M. by Sub-Inspector Rajkumar Tiwari (PW-15). Second dying declaration (Ex.P/11) was recorded by Dr. A.K. Verma (PW-8) on 18/03/2013 at about 02:30 A.M. and the third dying declaration (Ex.P/12) was recorded by Smt. Rashmi Chaturvedi-Executive Magistrate/Tahsildar, Omti, Jabalpur (PW-11) on 18/03/2013 at about 11:25 P.M.

4. Dehati Nalishi (Ex.P/18) was recorded at the instance of deceased Jyoti by Rajkumar Tiwari (PW-15). This Dehati Nalishi (Ex.P/18) was recorded on 17/0

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