SURJEET KAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, Smt. Surjeet Kaur, feels aggrieved by her conviction under S. 302, I.P.C. and sentence of life imprisonment by judgement dated 2/04/1986 passed by Shri D. P. Verma, I Addl. Sessions Judge, Raipur in Sessions Trial No. 64. of 1985 and challenges legality and validity thereof in this appeal filed under S. 374(2), Cr. P.C.

(2.) The appellant is alleged to have caused death of Smt. Harjinder Kaur, wife of Gurdeep Singh, her daughter-in-law on 3/01/1985 by pouring kerosene oil on her body and lighting fire. Prosecution alleges that the deceased was married to appellant's son on 25-2-1984 and lived with the appellant in the same house at Housing Board Colony, Birgaon, Raipur. It is also alleged that the appellant used to ill-treat the deceased and demand dowry. It is alleged that on 3-1-1985 at about 9.00 a.m., the appellant sprinkled kerosene oil on the deceased and set fire to her. The deceased is alleged to have been pushed inside the room and locked from outside. The deceased started crying for help loudly and her screams attracted attention of neighbours, who assembled at the place for help. Husband of the deceased was not present in the house. The appellant's husband Santosh Singh, however, got the door opened and thereafter, both the appellant and her husband tried to put off the fire. The deceased was, however, severely burnt and was rushed to D. K. Hospital, where she was found to have 95% burns. Her dying declaration (Ex.P/16) was recorded by Komal Singh, ADM (PW 7) at 12.05 p.m. on 3-1-1985 itself, where the deceased stated that the appellant had poured kerosene oil on her and lighted the fire, resulting in burn injuries. The deceased succumbed to injuries on the night between 7th and 8/01/1985 at the hospital. Dr. D. C. Jain (PW2) performed autopsy of the dead body and opined that death was caused due to burn injuries, which were sufficient in the ordinary course of nature to cause death. The appellant and her minor daughter Nirmal Kaur were thereafter charged under Ss. 302 and 498-A, I.P.C. and sent for trial. Nirmal Kaur being a juvenile is being tried before the Juvenile Court.

(3.) The appellant denied having committed any offence. She however, admitted that deceased suffered burn injuries and died as a result thereof. She however, submitted that the deceased, in order to pressurise her and the family to remake gold bangles for her, had sprinkled kerosene oil on her person and put fire. She could not, however, manage the fire and suffered severe burns. Her specific defence is that her husband and son are engaged in business. Their shop was damaged in the mob frenzy following the murder of Smt. Indira Gandhi in November, 1984. In order to restart the business, her two gold bangles were sold much against her wish. She wanted the family to remake two gold bangles for her before Lodhi festival and in order to put pressure on them, followed the aforesaid method. It is also submitted that the deceased never anticipated that she would not be able to control the fire and would suffer severe injuries resulting in her death. It is thus submitted that though death of the deceased is unfortunate and be lamented, the appellant is not in any manner responsible for the same. As regards dying declaration (Ex.P /16), it is submitted that it is not the statement of the deceased and is a concoction and her real statement recorded earlier by the police has been withheld. It is also the appellant's case that the deceased having burnt her thumbs, could not have put her thumb-impression on the dying declaration.