RAM KUMAR KURMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 13/11/1997 passed by the Additional Sessions Judge, Sakti, District Bilaspur in Sessions Trial No.119/94 whereby the appellant has been convicted under Section 304-B of IPC and has been awarded sentence of RI for 7 years and fine of Rs.250/-. In absence of payment of fine, another RI for 3 months has been awarded.

(2.) The brief facts of the prosecution case is that on 11/01/94 the deceased, Rajkumari got burn injury who was wife of this appellant. It was the case of the prosecution that she got such injury while cleaning the house by way of dusting. She was married in the year 1993-1994 itself in the month of Baisak. She went to her matrimonial home in the month of Aasad. It was the case of the prosecution that when she came to her mother's place and the deceased has told her mother that accused was demanding cycle, radio and other goods and she is being tortured by electric current and therefore she do not want to go to her in-laws place. Besides that the deceased was sent to her matrimonial home. Before a day of incident the grandmother and grandfather of the deceased also went to the place of the deceased.

(3.) Learned counsel for the appellant submits that the case does not fall under Section 304-B of IPC inasmuch as no evidence exist that the deceased was subjected to cruelty or harassment soon before her death. He further submits that except the same bald statement nothing is on record so as to substantiate this offence. Learned counsel further submits that the injury of burn was caused due to the accident as the chimney had fallen down over the deceased whereby she got burn injury. He refers to the statement of the dying declaration which was recorded by the doctor and submits that the trial court has completely misdirected itself to appreciate such dying declaration thereby to hold and has held the dying declaration is not signed by the maker. He further submits that in the case in hand the doctor as also other witnesses in whose presence the dying declaration was recorded, they have unequivocally supported dying declaration which goes to prove happening of the incident. In dying declaration he submits the deceased has categorically said the accident had occurred and has not clamped any charges or whispered anything about the cruelty thereby to inculpate the accused under Section 304-B of IPC.