KAMAL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) Appellants were charged under Section 302 and 498A of the of the IPC for causing murder of Leelabai in the morning of 16.09.1999 by pouring kerosene on her person and setting her aflame. Undisputedly, Appellant No. 1 is the husband of deceased and Appellant No. 2 is the mother-in-law of the deceased. Leelabai was married to Appellant Kamal about 10 years back from the date of incident and no issue was out of the wed-lock.

(2.) On the date (16.09.1999) when the unfortunate incident took place, Leelabai was in her matrimonial abode at Rajeev Nagar, Dewas. Same day, Appellant No. 1 took her with burn injuries to the Mahatma Gandhi Hospital, Dewas (a government hospital) were she was attended to by Dr. H. Rehman (P.W. 9). On the intimation received from the hospital, FIR Ex. P-8 was recorded at P.S. Industrial Area, Dewas. Same day, at about 10 minutes past 2 pm, Tehsildar, Smt. Manorama Koshthi (P.W. 13) recorded the dying declaration Ex. P-7 under the medical certificate of Dr. R.K. Sharma (P.W. 7). Leelabai succumbed to the burn injuries same day at about 3.45 pm and intimation of death Ex. P-6 was went sent by Dr. R.K. Sharma (P.W. 7). which set the investigation rolling. The post-mortem examination of the dead body was carried out on 17.09.1999 by Dr. A.K. Verma (P.W. 12) and autopsy report is Ex. P-16. On completion of investigation challan was put up leading to S.T. No. 12/2000. Appellants denied the charges.

(3.) Learned Sessions Judge considering the prosecution evidence found the Appellants guilty of offences punishable under Section 302 and 498A of the IPC and sentenced them to two years R.I under Section 498A and life imprisonment under Section 302 IPC with the direction that both the sentences to run concurrently. Hence, they are in appeal before us.