GOVIND Vs. TATE OF MADHYA PRADESH NOW CHHATTISHGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 26th of March, 1990 passed in Sessions Trial No. 109/1988 by the 3rd Addl. Judge to the Court of Sessions Judge, Bilaspur, whereby the learned Sessions Judge, while acquitting the appellants u/ss 306 & 342 IPC, convicted them u/s 498-A IPC and sentenced to undergo R.I. for 3 years.

(2.) The brief facts are that the deceased namely Smt. Krishna Bai was married to the eldest son of appellants no. 1 and 3 namely Ramesh Kumar (not an accused in this case) in the year 1986. On 25.12.1987, she received burn injuries to the extent of 80% while she was residing in her in-laws' house. She was taken to the Primary Health Centre, Takhatpur, from where she was referred to the District Hospital, Bilaspur, where she died during the course of her treatment on 29.12.1987. The incident was reported by the appellant Govind (brother-in-law of the deceased) to the Police Outpost Jerhagaon saying that the deceased had put herself on fire on account of severe pain in her stomach. This report was taken in Rosnamcha (Daily Diary) and the Investigating Officer Surjan Singh (P.W. 14) had left for the scene of occurrence. He recorded a Dehati Nalishi and on the basis of Dehati Nalishi registered an offence u/s 498-A, 201 and 342 IPC and it was on his instance the deceased was sent to the Primary Health Centre, Takhatpur. When the deceased was admitted in P.H.C., Takhatpur, Dr. V.K. Soni (P.W.5) examined her and ultimately her dying declaration (Ex.P-6) was recorded by the Executive Magistrate Shri J.R. Pradhan (P.W.6) and thereafter, she was referred to the District Hospital where she died on 29.12.1987. After her death, Panchanama of dead body was prepared by Head Constable Basant Kumar Sharma (P.W.9) and it was sent for postmortem, which was conducted by Dr. J.L. Shrivastava (P.W. 10) and Dr. Vinay Gupta, who gave their opinion vide report Ex.P. 10 that the cause of death was due to shock on account of burn injuries sustained by the deceased. During the course of investigation, statements of various witnesses including the father and mother of the deceased were recorded and after completion of investigation charge-sheet was filed in the Court of Chief Judicial Magistrate, Bilaspur, who in turn committed the case to the Court of Sessions from where the matter was received on transfer by the Court of 3rd Addl. Sessions Judge, where the trial was concluded.

(3.) The trial Court has convicted the appellants mainly on the basis of evidence of P.W. 11 Lakhan Lal Sahu (father of the deceased), P.W.13 Chandabai, (mother of the deceased) and P.W. 12 Hemlal, a neighbour of the in-laws of the deceased. While discussing their evidence, it has acquitted the appellants u/ss 306 and 342 of I.P.C., and has held vide para 15 of the judgment that an offence u/s 498-A has been proved against them.