KALLUBAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been filed by appellant Kallubai, who was sent for prosecution by the State of Madhya Pradesh alongwith three others namely Tola, Kekdia and Remabai in crime no.203/2005 on the allegation that she alongwith other accused persons caused burn injuries to Smt. Ladubai on 24.07.2005. She poured kerosene on Smt. Ladubai and burned her with an intention to cause death and ultimately Ladubai succumbed to burn injuries. Thus she was guilty of offence under Section 302/34 of IPC.

(2.) The investigation in this case started on the basis of a report lodged by one Keedu S/o Peediya who informed the police about the burning of the house of Tola, husband of the deceased Ladubai. On that basis, investigation was carried out by the in charge of the concerned police station Pitol, who found Ladubai having 100% burn injury on her person. Ladubai was then taken to district hospital, Jhabua, where she was admitted. She succumbed to burn injuries on 30.07.2005 at 2.45 P.M.

(3.) It is the case of the prosecution that two dying declarations were recorded, one by the Investigating Officer Antarsingh Narvaliya (PW-18) and the other by Naib Tehsildar Vivek Sonkar (PW-13). In both these dying declarations Ladubai implicated the present appellant who poured kerosene on her person and burned her.