RAJBABU Vs. STATE OF M P

JUDGEMENT

(1.) THIS is an appeal against the judgment and findings dated 17-6-1989 recorded by the learned Additional Sessions Judge, Khurai in S. T. No. 270/88, whereby the accused/appellants were convicted of offences under Sections 306 and 498-A, IPC and sentenced to 3 years R. I. on each count.

(2.) SUCCINCTLY narrated the facts of the prosecution case are that deceased Shantibai, daughter of Janakrani (P. W. 1) and Gyandas (P. W. 2) was married to accused Rajbabu two years prior to the date of incident. The deceased set herself afire at about 10. 30 A. M. on 17-7-88 in her matrimonial home. It is said that on the date of incident accused/appellant No. 2 Smt. Munnibai mother-in-law of the deceased had gone out to fetch water from a village well and her husband accused Jagatbandhu (since acquitted) was away to some other place, whereas accused/appellant No. 1 Rajbabu had gone to forest for cutting woods. Though, it is not clear as who informed him about the death of his wife but no sooner he received the information he lodged a report i (Ex. P-16) at Police Station, Bhangarh which was recorded by Head Constable i narbada Prasad (P. W. 9 ). The deceased was carried to Railway Station, karonda in burnt condition for her treatment at Bhangarh, where Ashok chourasia (P. W. 8), the Police Station Incharge had also arrived. In view of deteriorating condition of deceased Shantibai, Ashok Chourasia (P. W. 8)recorded (Ex. P-2), her dying declaration noting that Shantibai died due to accidental fire while cooking food in the house and thus, exculpated all the members of her matrimonial home. S. K. Verma (P. W. 6), the then D. S. P. Incharge also arrived at the Railway Station, Karonda but by that time Shantibai was dead. He being a gazetted officer prepared the inquest Panchanama of the dead body (Ex. P-12) and sent the dead body for post-mortem examination vide requisition (Ex. P-13 ). A marg in respect of the death of deceased shantibai was prepared at the Railway Station itself vide Ex. P-15 by Ashok chourasia (P. W. 8 ). Vide post-mortem report (Ex. P-20), a team consisting of dr. Mahesh Singh (P. W. 11) and Dr. Saxena found 90% burns on the body of the deceased. The burns were found to be ante-mortem and the time of her death was calculated to be within 24 hours of the post-mortem. On completion of investigation, a challan was laid against Rajbabu, appellant No. 1 and Smt. Munnibai, appellant No. 2 so also against Jagatbandhu (since acquitted) under sections 306 and 498-A, IPC. On a proper appreciation of evidence, the learned Trial Judge found the accused/appellant Nos. 1 and 2 guilty of offences charged with but acquitted accused Jagatbandhu (father-in-law of the deceased) of the said charges due to paucity of evidence.

(3.) HEARD Shri Jagat Sher Singh, learned Counsel for the appellants and Smt. Chanchal Sharma, learned Panel Lawyer for the State and perused the record of the case.