PARVATIBAI Vs. STATE OF M. P.

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment passed by the learned Special and Add1. Sessions Judge, Indore, dated 23.4.1998 in Sessions Trial No. 212/1997, thereby convicting the appellant under section 302 of the IPC and sentencing her to undergo imprisonment for life.

(2.) THE necessary and relevant facts for disposal of this appeal are that on 11.1.1997 at 11.30 a.m., deceased Jyotibai, wife of Harinarayan Yadav (PW 4) was inside her house situated at Bhagiratpura, Indore, with her two female children. Her husband was on duty. The appellant, sister -in -law (nanad) and acquitted co -accused mother -in -law Rampyaribai picked up quarrel with the deceased on some property dispute. Thereafter appellant, through window situated at the back portion of the house, threw kerosene oil and also lit fire by matchstick because of which her clothes caught fire. Deceased Jyotibai tried to run away but her mother -in -law Rampyaribai obstructed her on the door. She was also pushed by her inside the' house. Deceased Jyotibai extinguished her fire by throwing water upon her. At this time, her husband Harinarayan reached over there and took her to M.Y. Hospital, Indore, for treatment. On the same day, in the night, her husband shifted her to a private nursing home, namely, Verma Nursing Home, Pardesipura. From M.Y. Hospital, message was sent to police station Banganga, which was recorded in Rojnamcha Sanha No. 796 dated 11.1.1997. On the basis of this Rojnamcha Sanha, SI G.S. Kushwaha (PW 9), In -charge of Police Chowky Bhagirathpura, P.S. Banganga, stepped into enquiry and recorded her dying declaration on 12.1.1997 (Ex. P -18). He also prepared the spot map (Ex. P -7) and effected seizure of burnt sari of Jyotibai. After enquiry, G.S. Kushwaha (PW 9) registered the crime in police station Banganga u/s 302/34 of IPC against the appellant and mother -in -law Rampyaribai on 14.1.1997 at 12.45 p.m. vide Ex. P -13. Her dying declaration was recorded on 16.1.1997 in Verma Nursing Home, Pardesipura vide Ex. P -11 at 1.35 p.m. by Naib Tehsildar Surendra Dubey (PW 7). Jyotibai was again shifted from Verma Nursing Home, Pardesipura to Curewell Hospital. Ultimately she died on 28.1.1997 in Curewell Hospital. Post m0l1em of the body was performed by Dr. Ravindra Choudhary (PW 6), according to whom, deceased died because of shock and toxemia due to bum. After the incident, she was attended by Dr. Neerja Puranik (PW 8) in M.Y. Hospital, Indore, who found in total 18% second degree bum on her body. Her MLC report is Ex. P -12.

(3.) WE have heard Shri Jaisingh, learned Sr. Counsel with Shri Vivek Singh, for appellant. Shri G. Desai, learned Dy. A.G. for respondent -State, and also perused the entire record.