CHHOTELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant, Chhotelal, and Girjabai the accused have been charged under Section 302 of the Indian Penal Code (in short 'the IPC) in Sessions Trial No. 322/93 on the allegation that Chhotelal had poured kerosene oil on his first wife Sharda Bai in which his second wife Girjabai had abetted, before the learned Second Additional Sessions Judge, Sihor in Sessions Trial No. 104/93 and the learned Trial Judge being satisfied with the material brought on record found the accused persons guilty of the charge and sentenced them to undergo rigorous imprisonment for life.

(2.) BRIEFLY stated, the prosecution case is that on 5-6-93 Sukhram (P. W. 1), the brother of the deceased had left the deceased Sharda Bai in the house of Chhotelal, husband of the deceased, as it was thought apposite by him that the deceased should remain with her husband. The deceased has left the matrimonial life for a period of eight months and came back to stay with Chhotelal. After departure of Sukhram from the scene the accused Chhotelal took out kerosene oil from the store and poured it on the deceased Sharda Bai. At this stage, Sharda Bai tried to escape but Girjabai, the other accused, caught hold of her and facilitated the accused Chhotelal to put the deceased ablaze with the help of a match stick. The deceased was taken to the hospital and from the hospital information was sent to the Police Station, Budhini. The investi gating agency registered Crime No. 34/93 for an offence punishable under Section 307/34 and thought it seemly to get the dying declaration recorded by the Executive Magistrate. Thereafter, the dying declaration was recorded by Abdul Rashid Khan (P. W. 3), Naib Tehsildar-cum-Executive Magistrate in presence of Dr. Pradeep Shrivastava (P. W. 8 ). After the dying declaration the deceased expired as a consequence of which the case was converted to one under Section 302 of the IPC. The investigating agency examined certain witnesses, took photographs of the material aspects, seized certain articles from the spot of occurrence, did panchnama of the dead body, got the autopsy done and after completing all other formalities placed the charge-sheet before the Competent Court which in turn committed the matter to the Committal Court.

(3.) THE accused abjured his guilt and disputed his indictment and pleaded that he has been falsely implicated in the crime in question.