Criminal appeal dismissed, Court says appealant’s act was very cruel, barbaric

 

 

 

 

In the matter connected to murder case, the single bench of the Madhya Pradesh High Court comprising Justice Sujoy Paul has dismissed the criminal appeal filed by Rajeshwar alias Pappu Tiwari. The single bench has said in the order that we are constrained to hold that the appellant has taken undue advantage and acted in a very cruel, unusual and barbaric manner. Consequently, we are unable to hold that the offence committed by the appellant does not fall within the ambit of murder. Thus, question of converting the conviction into some other provision does not arise. In the factual matrix of this case, the judgment of Nirmala Devi (supra) is of no assistance. The single bench also said in the order that since, the Court below has taken a plausible view on the basis of evidence on record, we find no reason to disturb the same. The appeal sans substance and is hereby dismissed.

 

This criminal appeal assailing the judgment passed in Sessions Case dated on December 4, 2014 whereby the appellant was held guilty for committing offence under Section 302 of IPC and directed to undergo sentence of life imprisonment with fine of Rs.50,000 with default stipulation. In short, the case of the prosecution is that the appellant is the husband of deceased Shashi Tiwari. Shashi Tiwari at the advance stage of pregnancy was staying with her parents. The appellant in the morning of May 2, 2011 at around 7:30 reached the house of his in-laws. He insisted that his wife should accompany him. As per prosecution story, she agreed to accompany the appellant. However, appellant quarrelled with the deceased and thereafter came out of the house, took a bottle full of petrol from his motorcycle, entered the room where his wife was sitting, poured petrol on her and set her ablaze.

 

However, appellant's mother-in-law tried to save her daughter but her efforts went in vain. Father of Shashi also reached to the scene of crime and made an unsuccessful attempt to save her daughter. In that effort, his hands were also burnt. Shashi Tiwari was taken to hospital. Dr Piyush Nigam has recorded her dying declaration. On the same day, Shashi died. Dr Sunil Sthapak conducted the post mortem and prepared the report. The appellant was tried for committing offence under Sections 498-A, 304-B and in alternative Section 302 of IPC. Appellant was held guilty under Section 302 of IPC but was acquitted from other sections mentioned hereinabove.