ANEETA BAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 21/8/1996 passed by the 10 th Additional Sessions Judge, Jabalpur in ST No.837/1993 by which the appellant was convicted for commission of offence punishable under Section 304 (Part-II) of IPC and sentenced to rigorous imprisonment for three years.

(2.) It is admitted that the deceased was the husband of the appellant-accused.

(3.) Prosecution story, in short, is that on 7/1/1993 at about 8:30 PM in the night deceased Kishanlal was at his house situated at Bilheri in Jabalpur township. His wife (present appellant) was staying at the house of her father with her kids. But at the time of the alleged incident, she had come to the house of her husband and shouted on the2 deceased that he was not earning anything and he was drinking habitually, thereupon she tied the legs of the deceased with the help of a rope of coconut. Thereafter she poured kerosene oil on his head from backside and set him on fire. Immediately thereafter the appellant-accused rushed outside the house and bolted the door of the house from outside. The deceased removed the tiles from the roof and came out. He had stated the entire story to one Govardhan Chamar and aunt Sona Bai. Some persons of the locality took him to the house of his father-in-law, but his father-in-law Gopal Prasad Babariya abused him and asked him to leave. Ultimately with the help of one Mehmood deceased went to the Police Station, Cantt, Jabalpur where he lodged an FIR Ex.D-1. He was sent to the Victoria Hospital, Jabalpur for his medical examination and treatment. Dr. C.L.Nema (PW-10) after examination had given a report Ex.P-11. He found that there were 15% burns on his body. These burns were found on face, neck and shoulder. There was a smell of kerosene on burned portion of the body as well as on his clothes. The deceased was admitted in the hospital. On 22/1/1993 the deceased left the hospital against the medical advice. Again on 6/2/1993 the deceased was brought to the Medical College, Jabalpur after his death and Dr. Pramod Shrivastava (PW-6) performed the postmortem on his body and found that due3 to various complications of burning and anemic conditions, the deceased had died within 24 hours of the postmortem.