PHOOLA BAI LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) MCRC Nos. 12173/2020 and 12167/2020 are being disposed of by this common order. In these applications, the two mothers-in-law (the father in law of the deceased has two wives), the father-in-law and the brother-in-law of the deceased are in judicial custody since 7/02/2020. The allegation against them is that they killed Sushila by pouring kerosene oil over her and setting her on fire. The incident occurred on 23/10/2019 at the matrimonial home. The deceased died on 29/10/2019 in Delhi. Between the two dates, the deceased was taken to hospitals at Tikamgarh, Jhansi, Gwalior, and Delhi.

(2.) The undisputed fact is that the deceased made a dying declaration to the police which was undated. Learned counsel for the applicant submits that all the treatment papers at that hospitals suggests that she had suffered an accidental fire causing burns. In the undated dying declaration given by the deceased to the police, the deceased has stated that she was cooking food when she accidentally caught fire and that no one should be blamed for it. The FIR has been filed belatedly on 14/11/2019 for which no reason is given for the delay. Learned counsel for the applicants has submitted that the ration card of the deceased and her husband reflect that they were the only two persons living together. Learned counsel for the applicants also states that the applicants herein were living separately in another village as is reflected from the Samagra ID. He further states that the daily diary entry of 24/10/19 reflects that the tehsildar was called to record the statement of the deceased at Gwalior. However, he did not record the statement as she had already given a statement to the police at Tikamgarh with regard to the cause of her suffering the burns.

(3.) Learned counsel for the applicant has also submitted that the entire case has been foisted on the applicants in order to wreck vengeance upon them and this is reflected by the fact that the mother and sister of the deceased, in their 161 statement have even gone to the extent of implicating the 16 year old sister in law and the role attributed by the mother and sister of the deceased to the 16 year old girl is that she is the one who poured kerosene on the deceased and set on fire.