JUDGMENT :

Asper S.K. Seth, J. :-

Thisis an appeal by one Chhogalal, who has been convictedby the learned Sessions Judge, Dewas under Sections302 and 498-A of the IPC; for the murder of his wife Sorumbaiand cruel treatment meted out to her in connection with demand of dowry. He hasbeen sentenced to life imprisonment and to pay a fine of Rs.1000/- for the offence under Section 302, IPC. The sentence imposed underSection 498-A is rigorous imprisonment for two years and a fine of Rs. 500/-. Both sentences have default stipulation but thesubstantive sentences, however, have been directed to run concurrently.

2.Prosecution case against the appellant at the trial was that in the night of 27-7-2001 Sorumbai(since deceased) was admitted in the District Hospital, Dewaswith burn injuries. In the hospital, on 6-8-2001she gave information to the Investigating Officer B.P. Morya(P.W. 11) who recorded the dehati nalishi(Exh. P-11) and based on it a FIR and criminal casewas registered against appellant under Section 307/498-A/34, IPC at PoliceStation Tonk-Khurd, District Dewas.This set the investigation rolling. Same day Executive Magistrate Pushpa Kusham (P.W. 6) visitedHospital and recorded statement of Sorumbai (Exh. P-5). Appellant was arrestedon 8-8-2001 and a canisterof Kerosene was recovered at his instance vide Exh. P-3 from his house. Sorumbaisuccumbed to burn injuries on 30-8-2001in M. Y. Hospital Indore, where she was shifted forbetter treatment. Because of her death, the case, which was earlier registeredagainst the appellant under Section 498-A read with Section 307, IPC wasconverted by the police under Section 498-A read with Section 302, IPC. Afterholding inquest enquiry, the de