BHAGWANTIBAI Vs. STATE OF M P

JUDGEMENT

(1.) ACCUSED/appellant has directed this appeal against the judgment dated 16-8-1995 passed by VII Addl. Sessions Judge, Indore in S. T. No. 17/88, whereby the appellant was convicted for the offence under Section 302, IPC and sentenced to undergo life imprisonment.

(2.) THE facts of the case in brief are that, on 19-11-1987, at about 6. 30 a. m. deceased Kusumbai w/o Jalalsingh was found burning in front of her house situated at Jagannath Ki Chal, Nemawar Road, Indore. Kusumbai at the same time fell on the ground in the burning state. It is said that at the time of said incidence appellant Bhagwantibai and her husband Manoharlal (acquitted accused) were found standing. The witnesses rushed to the place of incident and poured water on the body of Kusumbai with the intention to save her from the alleged burning. It is said that, on extinguishing the fire, Kusumbai was in sense and she told the witnesses that the appellant and her husband poured kerosene on her and set her in fire. An information was given to Jalalsingh, husband of the deceased Kusumbai and she was taken to M. Y. Hospital, Indore. Shiv Kumar (P. W. 6) gave information about the incidence at Police Station, Bhanwarkuwa which was written in the 'rojnamcha Sanha' No. 1568 same day at 6. 45 a. m. Sub-Inspector Shri A. K. Sachran of Police Station, Bhanwarkuwa rushed to the M. Y. Hospital, Indore and arranged for recording the dying declaration of deceased. Dying declaration (Ex. P-11) of the deceased was recorded by Naib Tehsildar and Executive Magistrate Shri Balkrishna Kshatriya (P. W. 12) at 1. 45 p. m. On the basis of the said dying declaration, an FIR at Police Station, Bhanwarkuwa was registered same day under Section 307/34, IPC against the appellant and her husband. On medical examination 89% burn injuries were found on the front parts of the body of Kusumbai. Injured Kusumbai, during treatment, died of the burn injuries on 24-11-1987 and on getting the information of death of said Kusumbai, the offence registered against the appellant and her husband was converted into Section 302/34, IPC and on completion of the usual investigation, challan was filed against the accused persons.

(3.) APPELLANT and her husband both were charged and tried for the offences punishable under Section 302 and in the alternative under Section 302/34, IPC. On completion of the trial, husband of the appellant Manoharlal was acquitted of the charges and the appellant was convicted and sentenced for the offence under Section 302, IPC as indicated above. Aggrieved the appellant has filed this appeal.