LAWS(SC)-2022-7-94

GORABAI Vs. STATE OF MADHYA PRADESH

Decided On July 20, 2022
GORABAI Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) Seventibai (since deceased) and Kalabai stand convicted for the offences under Section 302 read with Section 147, whereas Natwar, Hosilal and Gaurabai (Also referred to as "Gorabai") have been convicted for the offences under Section 302 read with Section 149, and Section 147 of the Indian Penal Code, 1860 (For short, "IPC").

(2.) Dying declarations of the deceased, Nandabai are the cynosure to the prosecution's case.

(3.) Tarabai (PW-1)-sister-in-law of Nandabai; Munna Lal (PW-3); Kailash (PW-5); Durga Das (PW-6)- husband of Nandabai; and Tarachand (PW-16)- brother-in-law of Nandabai, have spoken and articulated about the oral dying declaration of Nandabai, which she made immediately after she and her three minor daughters had suffered burn injuries at her home on 31.07.1996. These witnesses had reached the residence where Nandabai and her three minor daughters were staying and have testified that Nandabai, on being questioned about the injuries, had implicated the appellants and Seventibai as the perpetrators.