SITARA BEGUM Vs. STATE OF M P

JUDGEMENT

(1.) SITARA Begum @ Mussu the accused/appellant (hereinafter referred to as 'the accused') faced trial under Section 302 of the Indian Penal Code (in short the IPC) alongwith one Pappu @ Rafeeq for offences punishable under Sections 450 and 302 read with Section 34 of IPC on the allegation that on 29-9-2000 in the morning hours there was a quarrel between the accused person and the deceased, Hamida Begum as the children of Hamida Begum entered inside the courtyard of the accused to attend the call of nature. The accused got angry on this kind of act of children of Hamida Begum and both the accused persons entered into the house of the deceased. Thereafter, Sitara @ Mussu threw a burning kerosene lamp towards Hamida. The burning lamp was thrown over Hamida who sustained 70% injuries and was admitted to hospital at Shahdol. On 27-10-2000 she succumbed to the injuries sustained by her. It is pertinent to state here that the dying declaration was recorded vide Ex. P-13 at 8. 44 P. M. on 30th September, 2000 and the criminal law was set in motion on the basis of FIR (Ex. P-14) and, thereafter, the Investigating Officer has been indicated above recorded the dying declaration and examined the witnesses and eventually, after completion of the investigation placed the charge-sheet under Section 302 of the IPC.

(2.) THE accused abjured his guilt and pleaded false implication.

(3.) THE prosecution in order to bring home the charges, examined ten witnesses and got certain documents marked as Exhibit P. W. 1 is the Safik Mohd, who had the report, P. W. 2 is Dr. Pradip Khare, who had examined the deceased when she had come for treatment, P. W. 3 is Ramesh Chandra Verma, who had prepared the spot map, P. W. 4 is Executive Magistrate, who had recorded the dying declaration, P. W. 5 is Dr. Amarnath Shukla, who had certified the mental state of the deceased at the time of recording of dying declaration, P. W. 6 is Ramsujan Tiwari, P. W. 7 is Dr. A. K. Gautam, and P. W. 8 is Dr. A. K. Nuna, P. W. 9 is Zangu, the husband of the deceased, and P. W. 10 is Dr. R. P. Singh, who had conducted the autopsy on the dead body of the deceased.