SHANTI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374(2) of Code of Criminal Procedure, aggrieved by the judgment of conviction and sentence dated 15th July, 2002, passed by the Additional Sessions Judge, Ganj Basoda, District Vidisha, in Sessions Trial No. 03/2002, whereby held the appellant?accused guilty for the offence punishable under Sections 302 of the Indian Penal Code and sentenced her to imprisonment for life with a fine of Rs. 100/?. In default of payment of fine, further ordered to suffer one month's rigorous imprisonment.

(2.) Briefly stated the facts of the case are that appellant?accused Shanti Bai (wife of Ram Singh) is the kept of one Jawahar Singh and living with him. It is further alleged that appellant accused Shanti Bai used to quarrel with Jawahar Singh and ask him to oust Vimala Bai, the first wife of Jawahar Singh, from the house. On the date of incident i.e. 11/09/2001, some quarrel took place in between appellant?accused Shanti Bai and Jawahar Singh. During thisquarrel, it is alleged that appellant?accused Shanti Bai poured kerosene on his body and set him on fire by lighting a matchstick, due to which Jawahar Singh sustained various burn injuries. He was immediately taken to the hospital and First Information Report has been lodged at the concerning police station, on which basis, a case under Section 307 of IPC has been registered against the appellant? accused. During treatment, a dying declaration of injured Jawahar Singh has also been recorded by the Executive Magistrate. During treatment, on the next day morning, Jawahar Singh died due to burn injuries. An information was given to the police station concerned, on which basis, the case has been altered to Section 302 IPC. An inquest panchanama has been prepared and a memo for postmortem examination has been issued. Dr. P.K. Sthapak (P.W.1) performed the postmortem of dead body of Jawahar Singh and found 95% burn injuries. He opined that due to excessive burns resulting shock and ultimate death of Jawahar Singh and proved the postmortem report Ex.P/2. During investigation, statements of the witnesses have been recorded and the appellant?accused has been arrested. After due investigation, charge sheet has been filed.

(3.) The appellant? accused abjured the guilt and her defence is of false implication.