LAKHAN Vs. STATE OF MADHYAPRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 9.7.2008, passed by High Court of Madhya Pradesh, at Jabalpur, in Criminal Appeal No. 2304/2000 by which the High Court has dismissed the said appeal, affirming the judgment and order of the Sessions Judge, Sagar, dated 31.8.2000 in Sessions Trial No. 180/2000 and convicted the appellant under Section 302 of the Indian Penal Code, 1860 (hereinafter called "IPC") and sentenced him to life imprisonment.

(2.) Facts and circumstances giving rise to this case are that the appellant got married to Smt. Savita (hereinafter referred to as "deceased") on 22.6.1999. She was brought to the hospital by her in-laws on 27.2.2000 at about 7 p.m. in a burnt condition. Dr. Subhash Jain informed the Police Station, Gopalganj, about the arrival of the deceased, Smt. Savita, and a police party arrived at the hospital. The dying declaration was recorded by the Executive Magistrate, Smt. Madhu Nahar (DW.1), vide Exh.D/2, wherein, the deceased stated that when she was cooking, kerosene oil had been put behind her back, and when she moved herself back, her Saree caught fire. On 29.2.2000, ASI, Damodar Prasad Mahure (PW-19), on the instructions of the Superintendent of Police recorded the second dying declaration (Ex.P/2), wherein, the deceased stated that appellant brought a kuppi (a metallic container for lighting) full of kerosene and poured it on her body and as a result of which kerosene oil spread all over her body. Thereafter, the fire was lit by chimney by him and she was burnt. She also stated that she had been brought to the hospital by her in-laws. After recording the dying declaration dated 29.2.2000, ASI Damodar Prasad (FW-19), recorded the Dehati Nalishi (Ex.P/14), at 10.40 p.m. on its basis. The kupee, as referred to in the dying declaration, was seized from the house of the appellant on 2.3.2000.

(3.) Smt. Savita died on 20.3.2000, and thus, there was an alteration of offences from 307/201 IPC to 302 IPC. After completing the investigation, charge sheet was filed against the appellant before the court and the case was committed to the Court of Sessions where the appellant was tried. During trial, the prosecution examined as many as 19 witnesses and in the form of documentary evidence, reliance was placed on the statement of Savita, deceased, in the form of dying declaration dated 29.2.2000 (Ex.P/2), Dehati Nalishi (Ex.P/14), FIR (Ex.20), deposition of ASI (PW-19) dated 29.2.2000 and case diary etc. In defence, appellant placed reliance on the statement of the deceased dated 27.2.2000 (Ex.D/2), and examined Smt. Madhu Nahar (DW.1). The appellant made a statement under Section 313 of the Code of Criminal Procedure, 1973 (hereinafter called as "Cr.P.C."), that he was, by no means, involved in the case. However, the appellant did not explain under what circumstances his wife was burnt. The trial Court, vide judgment and order dated 31.8.2000, found the appellant guilty of offence under Section 302 IPC and accordingly sentenced him to imprisonment for life.