BIKAI Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have been convicted under Section 302/34, IPC and sentenced to imprisonment for life and to a fine of Rs. 500/- each.

(2.) IT is not in dispute that deceased Babybai was married to accused Bikai. Their marriage had taken place five years before the incident. The Gauna took place about two years ago. Babybai sustained burn injuries in the intervening night of 12th and 13th July, 1997 in Village Khad in the house of her husband. She died on 13-7-1997. Accused Bulakibai is her mother-in-law and accused Chutkun is her father-in-law. Deceased Babybai had no issue.

(3.) THE prosecution case is that there used to be quarrel between Babybai and the accused persons as she had not been able to beget any child. According to the prosecution the accused persons poured kerosene on the body of Babybai when she was sleeping on a cot in her room and set her on fire. The information was sent to Sunderlal (P. W. 1) and Sudhribai (P. W. 2) who are parents of the deceased. They came to Village Khad and saw their daughter. Sunderlal (P. W. 1) lodged the report (Ex. P-1) at Jaisinghnagar on 13-7-1997 at 6. 30 A. M. Babybai was admitted in Jaisinghnagar Hospital. Her dying declaration (Ex. P-14) was recorded by K. S. Sen (P. W. 11), Executive Magistrate on 13-7-1997. According to him he began recording the dying declaration at 7. 15 A. M. and finished it at 7. 40 A. M. Dr. Sampurnanand (P. W. 8) certified that Babybai was conscious and in a fit condition to give her statement. It is also the prosecution case that certain articles were seized from the place of incident and these were sent to the Forensic Science Laboratory, Sagar and as per report (Ex. P-29) of this laboratory, presence of kerosene was detected on some of the articles. Kerosene was also found on the clothes which the deceased was wearing at the time of the incident.