RAMVEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 8.7.2005 passed by learned Special Judge (Atrocities) and Additional Sessions Judge, Morena, in Special Case No.159/2003 convicting appellant under Sections 449 and 302 of IPC and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, the appellant has knocked the doors of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) In brief the case of prosecution is that on 10.3.2003 at 7.35 p.m., a Dehati Nalishi was lodged by Poona Bai that she alongwith her granddaughter Badami (hereinafter referred to as the deceased) was in the home. At about 4 p.m. appellant entered in their house by carrying a Katti (container) having kerosene in it and poured kerosene on the deceased and thereafter set her on fire in order to kill her. On seeing the incident, this witness screamed, as a result of which, appellant fled from the place of occurrence. On hearing her shriek, neighbours and other family members assembled in her house. Further, it has been stated in the said Dehati Nalishi that 12 days earlier to the incident, Raju, who is the son of appellant, committed rape over the deceased and the matter was reported by her son Ramvaran in police Station Dimni. Basing this enmity, the appellant has subjected the deceased to fire.

(3.) On lodging of Dehati Nalishi, the criminal law was set in motion. A case under Sections 307, 450 of IPC as well as under Section 3(2)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Act) was registered against the appellant and Dehati Nalishi was sent for formal registration of the FIR in the police Station. The deceased, who was alive at that time, was sent for treatment in District Hospital at Morena where her dying declaration was recorded by Executive Magistrate/Naib Tahsildar Anil Singh Ragha v. However, at 8.30 p.m. the deceased succumbed to burn injuries in District Hospital at Morena. On the death of the deceased, the case was altered to Section 302 of IPC. The dead-body of the deceased was sent for postmortem.