BIHARILAL SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The three appellants were convicted under Section 302 read with Section 34, IPC, in Sessions Case No. 320/89 by the Court of Sessions Judge, Bhopal. Appellant Murarilal was also convicted under Section 201, IPC. The High Court confirmed their conviction. Therefore, they have filed this appeal.

(2.) It was alleged by the prosecution that all the three appellants were treating Sarita cruelly and that they caused her death on 25-11-1988 by causing burn injuries to her on 16-11-1988.

(3.) In order to prove that she was treated cruelly by the three appellants, the prosecution examined P.W. 1 Bhagwandas, P.W. 6 Purshotamdas and P.W. 7 V. K. Sharma. The prosecution also led evidence to prove that Sarita had received burn injuries sometime on 16-11-1988 and that she had died as a result of those burn injuries on 25-11-1988. The medical evidence led by the prosecution remained almost unchallenged. The defence of the appellants was that Sarita was suffering from mental illness and schizophrenia and that she had received burn injuries either while lighting a lamp or by bursting crackers. In order to prove that she was suffering from the disease of schizophrenia, the appellants had examined Dr. Malvia, Dr. Handa, Dr. Sharma and Dr. Tandon as defence witnesses. The trial Court after appreciating their evidence held that even if it was accepted that Sarita was suffering from some mental disease, the defence raised by the appellants was not believable. The trial Court also came to the conclusion that it was not a case of accidental or suicidal death. The possibility of her having received burn injuries while bursting crackers was completely ruled out by the medical evidence. The trial Court observed that if Sarita had caught fire accidentally, she would have raised cries for help, the appellants would have tried to extinguish the fire and they would have taken her to a hospital. But nothing was done by the appellants.