RAM-AWATAR Vs. STATE OF MP

JUDGEMENT

(1.) Appellants have preferred this appeal challenging impugned judgment of conviction dtd. 19/7/2000, whereby appellants have been convicted for offence defined under Sec. 306 of IPC and have sentenced to undergo RI for 8 years and to pay fine of Rs.1,000.00 each, in default of payment of fine, additional RI of six months.

(2.) Facts relevant for disposal of this appeal are that Shiv Kumari (since deceased) was married to appellant-Ramavatar and residing in her matrimonial home at village-Ghothiya, Police Station-Kawardha. On 1/4/1999, at about 6 pm, Shiv Kumari suffered burn injuries. She was taken to the Hospital. During the course of treatment, her statement was recorded by the Executive Magistrate. She died on 6/4/1999 at about 2 pm. Based upon merg intimation, FIR was registered on 10/4/1999 by the Investigating Officer (PW8). After completion of investigation, Police submitted charge-sheet before the Court of competent jurisdiction against appellants for commission of offence under Sec. 306 of IPC and they were put to trial.

(3.) During trial, prosecution examined as many as 9 witnesses, such as PW1 Dhanesh Das, PW2 Chandrahas, PW3 Dr KK Sharma, PW4 Anjoriya Bai PW5 Maniram, PW6 Sawaldas, PW7 Bhuneshwar, PW8 SSS Bhadoriya and PW9HC Nag; and exhibited 22 documents, ExP1 and P7Spot Map, ExP2 Information to Police Station by Doctor, ExP3 MLC report of Shiv Kumari, ExP4 Medical Case Report, ExP5 Application for medical examination of victim, ExP6 Application for recording dying declaration of victim, ExP8 and 18 Seizure Memo, ExP9 and 10 FIR, ExP11 Merg intimation, ExP12 to P16 Arrest memo, Ex.P17 Request for FSL report, Ex.P19 Agreement, Ex.P20 Postmortem report, and Ex.P22 Dying declaration to prove charges levelled against appellants. After conclusion of trial, learned trial Court, discussing evidence available on record, held that prosecution proved charges levelled against appellants and convicted them for commission of offence and sentenced as mentioned above.