LAXMI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants Laxmi Bai and Mina have been convicted under S. 306/34, IPC and sentenced to rigorous imprisonment for ten years.

(2.) After hearing the learned counsel for both the sides and after careful scrutiny of the evidence on record this Court is of the opinion that the conviction of the appellants for the aforesaid offence is not sustainable. Appellants Laxmi Bai and Mina are the sisters of the husband of deceased Chanda Bai. The appellants were aged 22 years and 18 years at the time of the incident. Chanda Bai was married to their brother Kachrulal on 26-1-1987. She was living with him in Bairagarh. The appellants were also living with their brother. It is not disputed now that Chanda Bai committed suicide by burning herself in that house on 22-9-1987 at about 11-00 a.m. At that time her husband was not in the house.

(3.) The prosecution case rested mainly on the evidence of neighbours. They are Pushpa (PW-1), Mina (PW-2), Padmakshi (PW-3) and Dilip (PW-4). It appears that there was a domestic quarrel between deceased Chanda Bai with the appellants at 8-00 a.m. on 22-9-1987. It was on a very minor issue of the consumption of a small quantity of milk. Pushpa (PW-1) has deposed that the appellants were abusing Chanda Bai. One of the two appellants pushed Chanda Bai and she fell in the drain near the courtyard of the house. Mina (PW-2) has deposed that the appellants were complaining as to why Chanda Bai had thrown a screw driver on them. She has further stated that the appellants dragged Chanda Bai from her house to the courtyard and they were saying that Chanda Bai should be burnt. But this part of the deposition of Mina (PW-2) has to be excluded as it is an improvement over her statement under S. 161, Cr. P.C. market Ex. D/1. In that statement which was recorded a few days after the incident she did not say that the appellants had dragged Chanda Bai to the courtyard or they had said that she should be burnt. Padmakshi (PW-3) and Dilip (PW-4) have also stated that there was a quarrel between the deceased and the appellants and they had abused her.