RAJESH SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 16.10.1998 passed by the Sessions Judge, Raipur in Sessions Trial No.13 of 1998, whereby each of the Appellants has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that Gitabai committed suicide by pouring kerosene on her on 2.11.1997. Her marriage was performed with Appellant No.1, Rajesh 8-9 years prior to the incident. Out of their wedlock, 2 children took birth. Appellant No.2, Ramesh is dever (brother-in-law) of the deceased and Appellant No.3, Bundabai is her mother-in-law. After the marriage, the Appellants used to quarrel with the deceased and torture her. Having been harassed, the deceased used to go to her maternal house frequently. On the date of incident also, i.e., 2.11.1997, which was the day of festival of bhaiduj, her brothers Somraj (PW17) and Shriram (not examined) had come to her matrimonial house. In the presence of her both the brothers, the Appellants quarreled with her and also committed marpeet with her. Due to that, she poured kerosene on her and set her on fire. She was taken to hospital. During the course of treatment, her dying declaration (Ex.P9) was recorded by Tahsildar Siddharth Das (PW6). She died on 6.11.1997 during the course of treatment. Morgue was recorded. After morgue inquiry, offence was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. Charges were framed.

(3.) In support of its case, the prosecution examined as many as 22 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellants denied the guilt and pleaded innocence. No witness has been examined in defence.