RAM KRIPAL KAHAR Vs. STATE OF M P

JUDGEMENT

(1.) The Judgment of the Court was delivered by, This appeal has been preferred against the judgment dated 23/09/2004 passed by Sessions Judge, Shahdol in Sessions Trial No. 135/2004 convicting the appellant under section 302 IPC for committing murder of Gulabia bai (since deceased) and sentencing him to life imprisonment with fine of Rs.500/-.

(2.) Facts of the case, in short, are that deceased, having left alone by her husband Mangal Singh, lived in a house near GM Office of Jamuna colliery with her daughter Anjali (PW-1) and sons Sanjay (PW-2) and Ashok Kumar (PW-3). Brothers of the deceased i.e Munnilal (PW-4) and Parmeshwar (PW-5) also lived in the same locality in different house. Appellant had developed intimacy with the deceased and had been treating her as a mistress. On 29/02/2004 at about 8.00 am, while appellant visited house of the deceased, she reminded her for provisions of money for marriage of her daughter (PW-1). Appellant declined the demand. Deceased asserted her demand saying that she was maintaining such relations for last about 4-5 years under assurance of her full maintenance including marriage of daughter also. Appellant continued to say no to the demand of money. Appellant asked her to do whatever she could. She may opt to die also if she liked and then told to her that he will kill her. Appellant poured kerosene on her and put a match stick. Deceased started ablazing. She cried. Her children came to her from inside of the house. By pouring water they tried to extinguish fire.

(3.) Deceased was taken to police station-Bhanumadha, District-Anuppur where she lodged FIR Ex.P-15 against the appellant. A.K.Pandey, ASI (PW-12) registered case at Crime No. 32/2004 under section 307 IPC against the appellant. Deceased was sent to Community Health Centre, Kotma for treatment. Dr. O.P. Choudhary (PW-7) examined her injuries and prepared MLC Report Ex.P-9. In view of the critical condition of the deceased, PW-7 further recorded dying declaration Ex.P-20 in the hospital. A.K. Pandey, ASI (PW-12) recorded statement of deceased under section 161 Cr.P.C also. In the evening, the deceased succumbed to her burn injuries and died. Ward Boy of District Hospital Shahdol sent Marg intimation Ex.P-14 to police station. Police- Bhanumadha, initiated inquest proceedings. Naksha Panchayatnama of dead body of deceased Ex.P-5 was prepared. On 01/03/2004 Dr.R.P. Singh (PW-9) in District Hospital Shahdol conducted postmortem of deceased and prepared Postmortem Report Ex.P-12. During investigation, police prepared spot map and recorded statements of witnesses. On 02/03/2004 appellant was arrested.