RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 25-4-1996 passed by the learned Second Additional Sessions Judge, Jabalpur in Sessions Trial No. 19/1989 convicting appellants under Section 304 Part 1/34 of IPC and thereby sentencing them to suffer sentence as mentioned in the impugned judgment, the appellants have taken shelter of this Court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973. In brief, the case of prosecution is that on 13-11-1988 at 6.30 a.m. the hospital staff of Victoria Hospital, Jabalpur telephonically informed the concerned police station that Smt. Geeta Bai (hereinafter shall referred to as "deceased") has been brought in burn condition at 6.20 a.m. and she has been admitted in the hospital. The said information was reduced in Rojnamcha No. 921 and thereafter Sub Inspector V.S. Sisodiya went to the said hospital, where the deceased told him that the appellants were making demand of dowry of Rs. 10,000/- from her and on account of non-fulfilling the said demand she was being harassed. In the morning she was preparing the tea, at that juncture, second appellant who is her mother-in-law sprinkled the kerosene, while first appellant lit the match stick, as a result of which she sustained burn injuries. The Investigating Agency also made necessary arrangement to get her dying declaration recorded by the Executive Magistrate and eventually Executive Magistrate Shri S.P. Meshram recorded her dying declaration on 16-11-1988. The deceased died after 10 days of incident, i.e., on 23-11-1988. A case was initially registered under Section 307/ 34 of IPC but on account of the death of deceased it was altered to Section 302/ 34 of IPC.

(2.) After the investigation was over a charge-sheet was submitted in the Committal Court which on its turn committed the case to the Court of Session and from where it was received by the Trial Court for the trial.

(3.) The learned Trial Judge on the basis of the material available in the charge-sheet, framed charges punishable under Section 302 of IPC and in alternative Section 302/ 34. IPC against the appellants, which they denied and requested for the trial.