STATE OF M.P. Vs. MAHESH DHOBI

JUDGEMENT

(1.) This order shall dispose of an application filed by the State of MP under section 378(3) of Cr.P.C. whereby, they are seeking leave to file appeal against the judgment delivered by the First Additional Sessions Judge, Dhar in Sessions Trial No. 121/2010 dated 7.2.2013 whereby, the learned Sessions Judge has acquitted the respondents for having committed offence under sections 302, 304(B) and 498-A/34 of IPC.

(2.) Briefly stating, it is the case of the prosecution that Rekhabai, the deceased was married with the respondent Mahesh about 10 to 12 years ago. They also have one son and one daughter from the aforesaid marriage. Three years ago, Mahesh started residing at Raghunathpura, in Dhar. He took out the loan in the name of his wife from M/s. Spandana Sfooty Financial Ltd. Since the payment of the aforesaid loan was not done regularly, he left Rekhabai at her village and gone to village Gunawad. He had taken Rekhabai to Dhar on 8.1.2010, where he treated Rekhabai with cruelty. He also started forcing Rekhabai to bring a sum of Rs.1,00,000/- out of her portion from the paternal land, which of her mother. On account of refusing to do so, respondents Mahesh, Manoj, Madanlal and Bhagubai burnt her by powering kerosene on her person on 8.1.2010. She was taken to the hospital where her dying declaration was also recorded on 8.1.2010 vide Ex.D-2.

(3.) In the said dying declaration, she stated that she was burn while preparing meal on stove. Later on, she was taken to the Lifeline Hospital, where she again made a dying declaration before the Tehsildar Shri Alok Paare PW-10. This time vide her statement recorded as Ex.P-20, she blamed her mother in law, father in law, brother in law Manoj and her husband having powered kerosene on her person. She blamed all of them alongwith others for this incident. An application was given by the father of Rekhabai PW-4 vide Ex.P-4 on 30.1.2010 at P.S. Sadalpur.