SANJAY JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 26-4-1998 passed by Sessions Judge, Raipur in Sessions Trial No. 74/1997 convicting the accused/appellant under Sections 306 and 498-A, IPC and sentencing him to undergo RI for five years with fine of Rs. 500 u/S. 306 and RI for one year with fine of Rs. 200/- u/S. 498-A IPC, plus default stipulations.

(2.) Facts of the case in brief are that marriage of deceased Neema Jain had taken place with the accused/appellant four years prior to the date of incident i.e. 11-11-1996. On the date of incident the deceased set herself on fire in her matrimonial house and was immediately taken to Medical College Hospital Raipur and looking to her serious condition shifted to Sector 9 Hospital, Bhilai. On 11-11-1996 itself intimation vide Ex. P-7 was sent to Police outpost, Medical College Raipur by staff of the hospital and thereafter vide Ex. P-8 query was made from the doctor whether injured Neema was in a fit state of mind to give dying declaration. After obtaining the fitness report from the doctor, dying declaration was recorded on 11-11-1996 vide Ex. P-20 by Dr. N. Das (PW-10). After enquiry, un-numbered report Ex. P-10 was registered at Sharda Chowki Police outpost on 12-11 -1996 and based thereon numbered FIR Ex. P-6 was registered on that day itself at Police Station Maudhapara for the offence under Section 498-A IPC. Despite best efforts injured Neema succumbed to the burn injuries on 19-12-1996. Thereafter, post mortem examination on the body of the deceased was conducted by Dr. Suresh Kumar Sinha (PW-9) according to whom caused of death was shock septicemia due to 80% deep burn. Charge sheet was filed by the police on 15-1-1997 for the offences under Sections 498-A and 306 IPC. Court below however framed the charge under Sections 302 in the alternative 304-B IPC. However, as in the revision filed by the appellant herein charge under Section 302 in the alternative 304-B IPC was quashed, the Court below restituted the charge u/S. 306 and 498-A IPC.

(3.) In support of its case, prosecution was examined 10 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.