(Delivered on 31^st day of July, 2021)

Per, Shailendra Shukla, J :-

This appeal under Section 374 Cr.P.C. has been preferred

against the judgment dated 3.3.2009 passed by the Addl. Sessions

Judge, Badwah, West Nimar (M.P.) in S.T. No.144/2008, whereby the

appellant has been convicted under Section 302 of IPC and sentenced

to Life Imprisonment with fine of Rs.200/-. In lieu of payment of fine

amount, the appellant has been directed to undergo one month’s

additional imprisonment.

2.

Admitted facts are that deceased Subhadra Bai is the wife of

appellant Raghuram and witnesses Kavita and Roshani are the

children of appellant and the deceased.

2

3.

The prosecution story in short is that on 4.6.2008 at about 10.20

P.M. Subhadra Bai, wife of the appellant, was brought to Government

Hospital at Sanawad in burnt condition. She was found to have

suffered 100% burns, there was smell of kerosene coming from her

body and clothes. The doctor on duty recorded her dying declaration, in

which she levelled allegations against the appellant i.e. her husband as

the one who had poured kerosene over her and burnt her. She was

referred to M.Y. Hospital, Indore, where