IN RE Vs. JITENDRA

JUDGEMENT

(1.) In respect of Death Sentence awarded to the accused persons by the Sessions Court, Burhanpur in S.T. No. 82/2011 vide judgment dated 10th July, 2012, wherein accused/appellant Jitendra has been convicted under Section 302/ 34, IPC and accused/appellant Arti under Section 302, IPC for committing murder of Reena (since deceased), Trial Court has made reference, dated 10th July, 2012 under Section 366(1) of Code of Criminal Procedure, 1973 (in short 'Cr.PC') for confirmation. At the same time, appeal has been preferred by the accused persons/appellants challenging their conviction and sentence. This judgment shall accordingly, govern disposal of both the aforesaid cases. Facts of the case, in short, are that after about six months of marriage on 11-10-2011 at about 4.00 p.m., Reena (the deceased), wife of appellant No. 1 died of burn injuries during treatment in District Hospital, Burhanpur. It is alleged that with a view to get rid of the opposition and objection of the deceased for illicit extra marital relations between the appellants, they intended to kill the deceased. Same day at about 9.00 a.m., appellant No. 2 came to the house of the deceased, appellant No. 1 (husband) caught hold of the deceased and appellant No. 2 poured kerosene from a wick stove on the deceased and threw a burning match stick on her and set her ablaze. Deceased raised noise. Attracted by shrieks, from neighbouring house, Savitri (P.W. 2) rushed to the spot and tried to extinguish fire by putting a bed sheet on the deceased. Deceased was brought to hospital in a tempo by some neighbouring persons. Appellants fled away from the scene of occurrence.

(2.) At about 9.30 a.m., the deceased was examined by Dr. Dilip Patidar (P.W. 9) in District Hospital, Burhanpur. She was admitted in hospital with a history of burn by stove kerosene. Dr. Dilip Patidar (P.W. 9) prepared MLC note (Exh. P-9) and admitted the patient for further treatment. At about 10.30 a.m., sent its information of Police, Lalbag (Burhanpur). Reva Ram, ASI (P.W. 11) from police station rushed to the hospital. He sent a letter of request to Executive Magistrate for recording dying declaration of the deceased,. Rajendra Gupta, Superintendent, Land Records-cum-Tehsildar (P.W. 12) reached to hospital. Dr. Dilip Patidar (P.W. 9) examined fitness of the patient. Then Executive Magistrate (P.W. 12) recorded her dying declaration (Exh. P-11) between 12.15 p.m. to 12.30 p.m. in hospital.

(3.) Reva Ram, ASI (P.W. 11) at 12.30 p.m. recorded Detati Nalishi (Exh. P-13) as narrated by the deceased to him in hospital itself. In dying declaration (Exh. P-11) and Dehati Nalishi (Exh. P-13), deceased named the appellants and narrated the incident. On the basis of Dehati Nalishi (Exh. P-13) at Police Station, Lalbag, Leeladhar Chouhan, S.I. (P.W. 13)registered FIR(Exh. P-14) under Section 307, IPC against the appellants. In hospital, P.W. 13 recorded statement of the deceased under Section 161, Cr.PC. Reaching at the residence of the deceased, vide Exh. P-4, Seizure Memo, he seized stove, kerosene smeared soil, half burnt clothes, chair etc. In the meantime, Sheela, aunt of the deceased (P.W. 3), Kailash, father of the deceased (P.W. 4), Gulab Salve, cousin of the deceased (P.W. 8), and Bachchala Bai, mother of the deceased (P.W. 14) also reached hospital and met deceased. At about 4.00 p.m., deceased succumbed to the burn injuries and died. At about 4.30 p.m., police registered a merg (Exh. P-5). Police prepared Naksha Panchayatnama of dead body of the deceased (Exh. P-8) in presence of the witnesses. At about 6.00 p.m., Dr. Dilip Patidar (P.W. 9) and Dr. Rehana Bohra conducted post-mortem of dead body of the deceased and prepared post-mortem report (Exh. P-10), opining the cause of death to be excessive burn injuries and also preserved viscera of the deceased for further examination. On 12-10-2011 vide arrest memo (Exh. P-20), appellant-Jitendra and on 14-10-2011 vide arrest memo (Exh. P-19) appellant-Arti was arrested by police.