J U D G M E N T

(Delivered on 31.07.2021)

Per Vivek Rusia, J:

Appellant has filed the present appeal being aggrieved by the judgment dated 17.01.2013 passed in Sessions Trial No.564/2011 by 14th A.S.J, Indore whereby he has been convicted under section 302 IPC and sentenced him to undergo life imprisonment with fine of Rs.1,000/-, in default of payment of fine, further RI for 2 months.

2. As per prosecution story, on 18.01.2011 near about 17.30 hrs. deceased Smt.Mohini along with her four children, out of her ex- husband reached to the house of her second husband i.e. the appellant situated at 540, Bhil Colony, Musakhedi, Indore. The appellant objected as to why she has brought her children with her and started a quarrel. Thereafter, he closed the door and poured kerosene oil on her from the stove and set her ablaze. The deceased has got extinguished the fire by pouring water from the pot. After hearing her screaming voice, her brother-in-law Santosh, mother Leelabai and sister Meenabai went inside the house and after braking the window of the room rescued her took her to M.Y Hospital, Indore.

3. On 20.01.2011 at 19.00 hrs. Mohini lodged a report against the appellant that she got married with the appellant one and half years ago but he was not ready to accept her with 4 children and thereafter started harassing her and after leaving her first husband, she is residing with him. She has further alleged that on the date of incident i.e. 18.01.2011 her brother-in-law Santosh, mother Leelabai and sister Meenabai went to leave her in the house of the appellant because they had an apprehension that he would create a dispute in respect of keeping her children along with them. On the basis of the aforesaid report, a Dehati Nalishi was registered followed by registration of an FIR at crime No.64/2011 for the offence punishable u/s 307 IPC. On 20.01.2011 at 01.30 hrs. the Nayab Tahsildar, Indore recorded the dying declaration of the deceased Mohini. The contents of the dying declaration are reproduced below:

dFku uke %& Jhefr eksfguh ifRu lksuw mez 37 o"kZ, fuoklh 540 Hkhy dkyksuh ewlk[ksM+h bankSj dFku ysus dk LFkku %&0 ,e-ok; gkWfLiVy] bUnkSj fnukad o le; %& 20@01@2011 at 1%30 P.M.

iz'u %& rqEgs D;k gqvk gSA mŸkj %& eSa ty xbZ gwaA iz'u %& ;s lc dSls gqvkA mŸkj %& esjs ifr lksuw us ?kklysV Mkydj tyk fn;kA iz'u %& fdlh ls >xM+k gqvk Fkk FkkA mŸkj %& esjs ifr ls >xM+k gqvk FkkA jkst lksuw 'kjkc ih ds ?kj vkrk FkkA iz'u %& dgka ij tyk;kA mŸkj %& Hkhy dkyksuh ew[kk[ksM+h es tyk;kA iz'u %& ?kj ij ml le; dkSu & dkSu FksA mŸkj %& dksbZ ugh FkkA iz'u %& dqN dgukA mŸkj %& dqN ughA izrki dqekj vxkfl;k uk;c rglhynkj rglhy bUnkSj 4. During treatment Mohini succumbed to the burn injuries on 01.02.2011. Accordingly, section 302 IPC was added, and charge sheet was filed before the JMFC, Indore. The trial was committed to the Sessions Court on 18.07.2011. The charge of section 302 IPC was framed against the appellant which he has denied and pleaded for trial. 5. In order to prove the sole charge against the appellant the prosecution has examined 14 witnesses and got exhibited 22 documents as Ex.P/1 to Ex.P/22. In defence, the appellant did not examine any witness but got exhibited the statement of Meenabai and Santosh recorded by the police under section 161 of the Cr.p.C as Ex.D/1 & D/2.

6. After appreciating the evidence came on record, learned Sessions Judge has held the appellant guilty for the offence punishable under section 302 IPC and sentenced him to undergo life imprisonment, hence the present appeal before this Court.

7. We have heard Smt.Sharmila Sharma, learned counsel for the appellant and Shri Sudanshu Vyas, learned Govt. Advocate for the State. Perused the record.

The sole issue which is under consideration in this criminal appeal as whether the appellant has committed offence under section 302 of the I.P.C.?

8. The prosecution has examined Akhilesh as PW/1 who was residing in the same locality where the appellant was living and according to hi