DEVI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 30.5.2000, passed by Special Judge (Atrocities), Narsinghpur, in Sessions Trial No. 116/1999, convicting them under Sections 302/34 and 498A of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.3,000 and rigorous imprisonment for one year with fine of Rs.500, on each count respectively.

(2.) IN short, the prosecution case is that Jijibai, the deceased, was married to appellant Devi Singh about 7 years before her death, which took place on 17.5.1999, Appellant Narbad Bai was her mother-in-law and Dhanpat Singh was her Jeth. It is alleged that appellants used to harass and subject her to cruelty for various reasons including non-fulfillment of the demand of a motorcycle in dowry. On 17.5.1999, at about 2.30 pm, when she was in her husband's house, her husband Devi Singh caught hold of her, accused Dhanpat Singh doused her with kerosene and set fire to her. Her mother-in-law Narbad Bai also assisted them. At about 6.00 p.m. she was brought to Primary Health Centre, Gotegaon where Dr. Shiv Kumar Nema (PW3) provided first aid treatment to her and sent an intimation (Ex.P1) to Police Station, Gotegaon. While she was in Gotegaon Hospital, her dying declarations (Ex.P4,.P18 and P19) were recorded. Ex.P4 was recorded by Naib Tahsildar/Executive Magistrate H.S. Dhurve (PW11), Ex. P18 was recorded by Dr. V.K. Garg (PW16) and Ex.P19 was recorded by Sub-INspector S.R. Thakur (PW12). On the basis of dying declarations, first information report (Ex. P13) was recorded by Sub INspector S.R. Thakur. For further treatment, she was referred to Medical College, Jabalpur, but in the night she died. A marg was recorded at Police Station, Garha, district Jabalpur. Station Officer of Garha viz. G.R. Pal (PW6) conducted inquest proceedings and sent the dead body of deceased for post-mortem examination to CMO, Medical College, Jabalpur. Dr. J.L. Sehgal (PW14) conducted post-mortem examination and found third degree frame burns on whole of her body. Vide his postmortem report, he opined that deceased died due to shock resulting from burn injuries. INvestigating Officer B.L. Narbale (PW13) prepared spot map, seized kerosene can etc. from the spot and after completion of the investigation filed charge-sheet in the court. Case was then committed for trial.

(3.) LEARNED trial judge relying mainly on the evidence of dying declarations held the appellants/accused persons guilty and convicted and sentenced them as mentioned earlier. However, finding evidence insufficient against accused Mitthulal, the father-in-law, acquitted him.