BANTI @ RAMLAKHAN Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal preferred under Section 374(2) of the Code of Criminal Procedure 1973 by the accused/appellant against a Judgment of conviction and sentence dated 25 th March 10 rendered in Sessions Trial No.50/09 by the Sixth Additional Sessions Judge, Gwalior convicting the accused for commission of offence punishable under Section 302/34 I.P.C. and sentencing him to suffer imprisonment for life with a fine of Rs. 2000/- and in default to suffer additional imprisonment of six months for causing the death of his wife Smt. Sadhana with the help of absconded accused Ramkali, mother-in-law of the deceased and Smt. Anita sister-in-law of the deceased.

(2.) The facts, in short are that after marriage with accused-appellant, deceased was living at her matrimonial house situated at Dharam Kanta Market Road Gadaipura, Gwalior with her mother-in-law. It is alleged that on 26 th February 08 at about 1.00 p.m., in noon, she was burnt and for treatment she was admitted to J.A. Group of Hospitals, Gwalior. On information the report was written in Roznamcha Sanha No. 1412/08 at Police Station Gwalior M.P. On 27 th February 2008 at 11.40 a.m. in the burn unit of the hospital, her dying declaration was recorded by the Executive Magistrate Gwalior, after certification by the treating doctor in the presence of the I.O. The deceased stated in her dying declaration that on the day of incident, accused Bunti @ Ram Lakhan and absconded accused Ram Kali and Anita poured the kerosene oil on her and then all the accused set her ablaze. She died during treatment on 27 th February 08 at 8.00 p.m. On information from the hospital, a Marg registered. During inquiry, on written report, an F.I.R. was lodged by the Police Station Gwalior at Crime Number 118/08 against the accused-persons for commission of offence under Section 306 of I.P.C. The father of the deceased in his written letter informed that his daughter Sadhana was married to accused Bunti @ Ram Lakhan, a resident of Char Shahar Ka Naka Gwalior. It is alleged by him that after marriage, her husband and his other relations used to beat the deceased for illegal demand of Rs. 50,000/- and also threatened him to cause death of his daughter. It is mentioned by him that after marriage, two daughters were born and for want of a male child, her in-laws threatened her to contact a second marriage of their son. Under such circumstances, his daughter died. After investigation, the charge-sheet was filed only against accused/appellant after declaring rest of the accused, namely, Ram Kali and Anita as absconded. On committal, the trial was commenced. The trial Judge framed the charges under Section 302/34 of I.P.C. and/or in alternative under Section 306 of I.P.C. After trial, the trial Judge convicted and sentenced the accused/appellant for commission of offence punishable under Section 302/34 of I.P.C. as mentioned above, hence, this appeal.

(3.) The contention of the learned counsel appearing for the accused-appellant is that the impugned judgment is against the facts and the law and therefore same is liable to be set aside. It is contended that the trial Judge merely based his judgment on the statements of the prosecution witnesses which are closely related to the deceased. It is submitted that on perusal of the post-mortem report, it is apparent that the cause of death of the deceased was due to burns and associated complications and infections, hence, the theory of murder is not established. It is also pointed out that there there are contradictions/omissions in between the ocular evidence of the related witnesses and the medical evidence and from the medical evidence and other evidence, the offence under Section 306 of I.P.C. is clearly made out. On the basis of above arguments, it is prayed that by allowing the appeal, the accused/appellant be acquitted of the charge.