GAJENDRA SINGH CHOUHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has preferred this appeal against the judgment dated 19th September, 2001 passed by Sessions Judge, Bhopal in Sessions Trial No. 73/2001, convicting the appellant under Section 302 of the Indian Penal Code on two counts and sentencing him to imprisonment for life with fine of Rs. 500/- on each count. In default of payment of fine, further imprisonment for three months. Both the sentences to run concurrently.

(2.) In short, the prosecution case is that the deceased persons viz. Guddu and his wife Basanti Bai lived in village Kajalikheda. On 20.11.2000, around 8-9 O' clock in the night, when they were at their house in which they used to run tea shop also, appellant Gajendra along with his two associates reached there and demanded money. On refusal by Guddu, he picked up a can of kerosene kept in the shop and poured kerosene on him and Basanti Bai, and set fire to them. When Guddu tried to extinguish the fire of his wife, he also got burnt. Papoo (PW2) and his mother Rajo (PW3) reached there and extinguished the fire. Appellant and his associates ran away. Papoo, in his truck carried Guddu and Basanti Bai to Hamidia Hospital, Bhopal for treatment. Guddu gave a report to Sub Inspector Purnendra Singh (PW13) which was recorded by him at Hamidia Hospital as Dehati Nalishi Ex. P/18. On the basis of said report, first information report Ex. P/18-A was registered at police station Kolar Road under Sections 307 and 34 of the Indian Penal Code. Due to burn injuries, both the injured persons died. Thereafter, the case was converted to one under Section 302 of the Indian Penal Code.

(3.) During treatment, dying declarations Ex. P/13 and Ex. P/14 of both the deceased persons were recorded by Executive Magistrate Maqsood Ahmed (PW7). After the death, dead body of Guddu was sent to Medico Legal Institute, Bhopal, where Dr. Ashok Sharma (PW4) conducted autopsy of his body. The dead body of Basanti Bai was sent to Gandhi Medical College, Bhopal, where Dr. V.K. Athwal (PW11) conducted autopsy of her body. After arrest of the accused/appellant and further requisite investigation, charge sheet was filed and the case was then committed for trial.