NARENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Three Criminal Appeals have been filed against the order of the High Court of Madhya Pradesh at Jabalpur in Criminal Appeal No. 1248 of 2002, wherein the High Court was pleased to set aside the conviction of the accused persons namely Nagendra Singh (Husband), Narendra Singh (Father-in-Law) and Lila Singh (Mother-in-Law) u/s 302 of the Indian Penal Code (IPC) acquitting them of the charge u/S. 302 of IPC. However, the High Court upheld their conviction u/s 498A of IPC, reduced the sentence to the period they have already undergone and maintained the fine of Rs.1000.00 each as imposed by the Learned Additional Sessions Judge.

(2.) Criminal Appeal No. 302 / 2014 has been filed by Narendra Singh, the father-in-law of the deceased challenging his conviction u/s 498A IPC. Criminal Appeal No. 309 / 2014 has been filed by Pushp Raj Singh Baghel, the brother of the deceased (defacto complainant) against all three accused persons challenging their acquittal u/s 302 IPC and Criminal Appeal No. 307 / 2014 has been filed by the State of Madhya Pradesh against all three accused persons challenging their acquittal u/s 302 IPC. Hence, all these three criminal appeals are taken up together and disposed of by this common order.

(3.) The case of the prosecution as laid in the charge-sheet is that the deceased woman had tied the matrimonial knot with Nagendra Singh on 12/7/2000. To fulfill the burgeoning demands of dowry, she was subjected to taunts and cruelty by her in-laws. Things took a steep turn for her on 15/4/2001 when she sustained burn injuries in the kitchen, i.e., within nine months of the marriage. As per the prosecution, the husband of the deceased had stuffed cloth in her mouth, poured kerosene oil all over her body and set her on fire and was immediately rushed to the Primary Health Center, Devlond, Madhya Pradesh for treatment. She was examined by PW-6 / Dr. Rajesh Mishra, who reported that 55% of her body was burnt, and it was fatal to her life. There was a smell of Kerosene oil emanating from her clothes.