RAMBAI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal revision under Sec. 397, 401 of Cr.P.C. has been filed against the order dtd. 4/2/2020 passed by First Additional Sessions Judge, Joura, District Morena in Sessions Trial No.82/2019 by which the charges under Ss. 306, 498-A of IPC have been framed.

(2.) The applicant No.1 Smt. Rambai is the mother-in-law whereas the applicant No.2 Smt. Poonam is the younger sister-in-law (Devrani), applicant No.3 Ummed Singh is younger brother-in-law (Devar), applicant No.4 Subedar Singh is father-in-law, applicant No.5 Shishupal @ Banti is husband and applicant No.6 Manorama is Nanad.

(3.) According to the prosecution case, the deceased Mamta was married to the applicant No.5 Shishupal @ Banti in the year 2005. The deceased was having two children, aged about 10 years and another 5 to 6 years. It is alleged that on 11/4/2018, the deceased Smt. Mamta Sikarwar set herself on fire by pouring kerosene oil on her. She was shifted to CHC Joura and her dying declaration was also recorded. In dying declaration, she stated that she had a fight with her mother-in- law (applicant No.1) and younger sister-in-law (applicant No.2). She further stated that because of her quarrel with applicant No.1, applicant No.2 and applicant No.3, she had set herself on fire and only her husband (applicant No.5) had tried to save her. In pre-MLC, smell of kerosene oil from body was detected and she was referred to Higher Centre Forum for treatment. When the deceased was being taken to Delhi she expired on her way and, accordingly, her dead body was taken to District Hospital, Morena from where a marg intimation was sent to the concerning police station. The applicant No.5 was accompanying the deceased on her way to Delhi. The police registered marg and the postmortem of the deceased was got done. The statements of the witnesses were recorded. A container of green colour was seized on the disclosure made by applicant No.5 and the police after completing the investigation filed the charge sheet for offence under Ss. 306, 498-A of IPC.