KODU RAM Vs. STATE OF M.P.

JUDGEMENT

(1.) This is an appeal against the judgment dated 04.07.1998 passed by the First Additional Sessions Judge, Raipur in Sessions Trial No. 439 of 1997, whereby the appellant has been convicted under section 306 of the Indian Penal Code (for short 'the IPC) and has been sentenced to undergo seven years rigorous imprisonment with fine of Rs. 2000/- and in default of payment of fine, further six months simple imprisonment has been awarded. The brief facts which are involved in this case as stated by the prosecution were that the appellant was the husband of the deceased Kalabai. The deceased Kalabai was married to the appellant 20-22 years back and out of their wedlock, they had one daughter and two sons. The daughter was also married. It was the case of the prosecution that one or two years before the death of the deceased, she was subjected to both physical and mental torture and even the children of the deceased were segregated from her and were residing at village Rawan with the appellant, thereby mental agony and torture was caused to her. It was the case of the prosecution that on the date of the incident, the appellant had gone to his house and had a quarrel with the deceased and subsequently, on the next date, when Kalabai did not woke1 up, the doors of house were broke open by the villagers wherein it was seen that Kalabai was dead because of burn injuries. The matter was reported by (PW-3) to the police and a morgue was registered. Thereafter, investigation was carried out and it was the case of the prosecution that because of the torture and abetment, Kalabai, wife of the appellant committed suicide by pouring kerosene on herself.

(2.) On the basis of the report, a morgue was registered on 12.08.1997 vide Exhibit P/1 and panchnama of the dead body was prepared vide Exhibit P/8. Thereafter, the other articles were seized from the scene of incident. Near the dead body, kerosene was also found and even from the clothes of the deceased, strong smell of kerosene was present. After taking away the dead body, it was subjected to postmortem and on examination of the body, in the postmortem report (Ex. P/15), it was revealed that the deceased had 80% burn injuries and the death was as a result of shock due to extensive burning. Subsequently, on the basis of statement of witnesses, charge sheet was filed before the court below under section 306 IPC.

(3.) During the course of trial, the prosecution has recorded the statements of Tejram Verma (PW-1) and Kaliram (PW-2), brothers of the deceased, Premlal Yadu (PW-3), Sarpanch of the village, Mongra Bai (PW-4) and Basanta Bai (PW-5), neighbours of the deceased, Meena (PW-6), who is also in relation to the deceased, Santosh Kumar (PW-7), Radha Bai (PW-8), Pyarelal (PW-9), Teejuram Verma (PW-10), Babulal (PW-11), Pawan Kumar (PW-12), Ganesh Ram (PW-13), Dr. Koshlesh Paikra (PW-14), Dr. D.R. Verma (PW-15), Chaitram Sahu (PW-16), Baleshwar Ram (PW-17), Patiram (PW-18), B.L. Sahariya (PW-19) and Vishwas Chandrakar (PW-20).