KISNA Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 28th July 2000, passed by Sessions Judge, Damoh, in Sessions Trial No.183/1999, convicting the appellants under Section 302 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.500/-. In default of payment of fine, further rigorous imprisonment for six months.

(2.) IN short the facts of the case are that Savitribai, the deceased, alongwith her husband Dunnu Ahirwar and children lived in a hut. In the adjacent house, accused/appellants, who happened to be her husband's cousin, his mother and the wife, resided. It is said that accused Kisna had an evil eye on deceased. Frequently he made indecent overtures to her, but she always discarded and abused him. On 13.6.1999, in the morning, when deceased was in her hut, her husband had gone to answer the call of nature and her children were playing outside, accused Kisna alongwith his mother Rukman and wife Gendabai reached there. Kisna and Rukmanbai caught deceased and Gendabai, after dousing her with kerosene, set fire to her with a matchstick and ran away. When her husband reached there, she narrated the incident to him, who took her to Community Health Centre, Patera for treatment and then went to police station to inform the incident. This information was recorded in general diary (Ex.P/13-C) at 9.45 am.

(3.) WHILE alive, a dying declaration of deceased (Ex.P/18) was recorded by Executive Magistrate S.K. Garg (PW-14). Her statement under Section 161 Cr.P.C. (Ex.P/6) was also recorded by Head Constable Ram Kumar (PW-4).