HEERALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by appellant Heeralal against the judgment & order dated 29.8.2001, passed by the VIII th Additional Sessions Judge, Indore in Sessions Trial No.803/2000, convicting him under Section 302 of IPC and sentenced him to undergo imprisonment for life with fine of Rs.500/-.

(2.) The prosecution case, in brief, is that at the time of occurrence deceased Basantibai was residing in one room, in the hedge belongs to one Yashwant Patel (PW1). The marriage of appellant Heeralal was solemnized with deceased Basantibai, but the appellant was residing with his second wife in another room. On 30.9.2000 Basantibai was sleeping outside her room. At about 1.30 in the mid night appellant Heeralal came there, took her inside the room and assaulted her; thereafter, he poured kerosene oil on Basantibai and set her to fire. On hearing the shriek of Basantibai, Yashwant Singh (PW1) and Gabbu Chowkidar (PW2) came to the spot and intervened between them. Appellant Heeralal was in habit of beating Basantibai. Thereafter, Yashwant Singh (PW1), Gabbu Chowkidar (PW2) and Babulal (PW3) took her to Community Health Centre, Depalpur from where Dr. Achal Kumar Silawat (PW5) sent an intimation to the police that Basantibai wife of Heeralal Bhilala, who had caused burn injury has come to the hospital for treatment. Head Constable Murad Khan (PW9) written the same in the Rojnamcha Sanha No.1415 dated 29.9.200 (Ex. P/ 11). Head Constable Naharsingh (PW12) visited Depalpur Hospital along with Constable Kailash, where Basantibai was primarily treated by Dr. Achal Kumar Silawat (PW5). Ex.P/7 is medical report of Basantibai. As per her MLC report (Ex.P/7) kerosene smell was coming from her clothes; head hair were burnt and there were superficial burns on her face, neck, chest, abdomen, back of the body and both the arms. In the said report it is mentioned that patient was conscious. Her dying declaration was recorded by Dr. Achal Kumar Silawat on 30.9.2010. She, in her dying declaration, has deposed that due to dispute her husband Heeralal took her inside the room and set her to fire. Ex.P/8 is her dying declaration in which specific allegation has been made against appellant Heeralal. For further treatment Basantibai was referred to M.Y. Hospital, Indore.

(3.) Her statement under Section 161 Cr.P.C. (Ex. P/15) was also recorded by Head Constable Naharsingh (PW12) at Community Health Centre, Depalpur. Thereafter, FIR was registered on 30.9.200 vide Ex.P/16 against the appellant at Crime No.212/2000 for the offence punishable under Section 307 and 498-A of IPC.