RAJBABU Vs. STATE OF M P

JUDGEMENT

(1.) By this Judgment and Order we propose to dispose of the appeal filed by the appel lants against the judgment and order dated 23-9-2002 of the High Court of Madhya Pradesh at Jabalpur whereby the Learned Single Judge dismissed the appeal filed by the appellants against the judgment and order dated 17-6-1989 of the Learned Addi tional Sessions Judge, Khurai, convicting the appellants under the provisions of Sec tions 306 and 498-A of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo rigorous imprison ment for three years on each count.

(2.) The deceased, Shanti Bai, daughter of Janak Rani (PW-1) and Gyan Das (PW-2) was married to Rajbabu-appellant No.l two years prior to the date of occurrence. On 17.7.1988 Shanti Bai set herself on fire in her matrimonial home and she died be cause of burn injuries received by her. At the time when the occurrence took place the Appellant No.2, Smt. Munnibai (mother-in-law of the deceased) had gone to fetch water from the well. The husband of Appellant No. 2, Shri Jagat Bandhu (father-in- law of the deceased), who was acquitted by the trial court, was away to some other place, whereas Appellant No. 1 had gone for cut ting wood front the forest. Appellant No. 1 immediately coming to know about the in cident came back and lodged the first infor mation report at police station Bhangarh which was recorded by the Head Constable Narbada Prasad, who was examined as PW-9 during the trial. The said report which was lodged by the appellant No. 1 was exhibited during the trial and was marked as Ex. P. 16. The deceased was carried to the railway sta tion Karonda for being taken to the Govern ment Hospital at Bina for treatment. The police station Incharge, Mr. Ashok Chourasia (PW-8), also arrived at the railway station and recorded the dying declaration, wherein it was noted that Shanti Bai died in the ac cidental fire while cooking food in the house. In the said dying declaration the deceased exculpated all the members of her matrimo nial home. Immediately thereafter she died at the railway station itself. The police there after sent the body for post-mortem exami nation which was conducted and exhibited as Ex. P.20 during the trial. According to the said post-mortem report the deceased suffered 90% burns which were found to be ante mortem. The police thereafter started investigation and on completion thereof, submitted a charge-sheet against Rajbabu-appellant No. 1, Smt. Munnibai-appellant No. 2, who is mother of appellant No. l and Jagat Bandhu, father of the appellant No.1 under Sections 306 and 498-A of the IPC. On the basis of the aforesaid charge-sheet, charges were framed against all the three accused-appellants under Sections 306 and 498-A of the IPC for treating the deceased with cruelty and abetting her to commit suicide as a result of which allegedly she committed suicide.

(3.) During the course of the trial, alto gether eight witnesses were examined in order to prove the charges against the accused persons. Trial court after hearing the arguments and on appreciation of the evi dence on record acquitted accused No.3, the father of the Appellant No. 1, whereas an order was passed convicting appellant No.1 and appellant No.2 under Sections 306 and 498-A of the IPC after holding that offences against both of them are proved beyond rea sonable doubt. The learned trial court there after passed an order of sentence, sentenc ing both the appellants to undergo rigor ous imprisonment for three years on each count. Both the sentences were to run con currently. No fine was imposed. Against the aforesaid judgment both the appellants filed an appeal before the High Court which was dismissed by its judgment on 23rd Septem ber, 2002. Being aggrieved by the said judg ment this appeal has been filed by the ap pellants. During the course of the trial they were granted bail. In the present appeal or der was passed by this Court enlarging them on bail.