BADRI PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have preferred this criminal appeal challenging the impugned judgment of conviction and order of sentence dated 27th March, 2002 delivered by the Court of Second Additional Sessions Judge, Morena in Sessions Trial No. 284/2000, convicting appellant No. 1 Badri Prasad for an offence punishable under section 302 IPC and appellant No. 2 Shrimati Jamuna Devi for an offence under Section 302 read with section 34 IPC and sentencing both of them to undergo imprisonment for life with fine of Rs. 15,000/ - each, in default, to further undergo three years rigorous imprisonment.

(2.) APPELLANTS are the unfortunate parents who, in the evening of their life, have been tried for committing the murder of their own daughter -Asha (hereinafter, referred to as "deceased") by setting her on fire.

(3.) BRIEFLY stated, case of the prosecution is that the deceased caught fire in her parental house on 22/6/1999. Her brother Arvind Sharma (DW 1) took her to the Primary Health Centre, Pahadgarh around 6.10 pm on the same day for medical treatment. Since the deceased suffered extensive burns, she was referred by the doctor at Primary Health Centre to District Hospital, Morena where her MLC was performed. On the requisition of the Police, her dying declaration (Ex.P -7) was recorded on the same day at 11:10 pm by Naib Tahsildar -B.S. Kushwah (PW6) at District Hospital, Morena. Since the condition of the deceased was critical, the doctor at District Hospital, Morena further referred the deceased to JA Hospital, Gwalior for further medical treatment where she was admitted for medical treatment on 23/06/1999 at 2.15 am.