KAPURI BAI Vs. STTAE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal preferred under Section 374 (2) of the Code of Criminal Procedure 1973 by the appellant/accused Kapuri Bai against a Judgment of conviction and sentence dated 7th September, 1999 delivered by Fourth Additional Sessions Judge, Gwalior in S.T.No.219/95.

(2.) By the aforesaid impugned judgment, co-accused Hotam Singh stands acquitted of the offence under Section 304-B or in alternative under Section 302 of I.P.C. So also present accused/appellant was also acquitted of the offence under Section 304-B of I.P.C., but was held guilty of committing offence punishable under Section 302 of I.P.C. and sentenced to suffer imprisonment of life with a fine of Rs.5,000/- in default of which she was directed to suffer additional imprisonment of one year.

(3.) As per prosecution case, the incident occurred on 28/3/94 when Sunita Bai (since deceased) was brought to the hospital for treatment in a burnt condition. A Dehati Nalish (Ex.P/14) was lodged by her on the same day in the mid-night. The facts as mentioned in Dehati Nalish (Ex.P/14) disclosed that her marriage was solemnized with co-accused Hotam Singh, ten months prior to the date of incident. It was alleged by her that since the day of her marriage she was subjected to cruelty and was beaten by her husband and the appellant. Her husband Hotam Singh used to beat her on account of non fulfillment of the demand of dowry. On the date of incident also, she was beaten by her husband Hotam Singh and abused by her mother-in-law, i.e. the present appellant. On the fateful day, in the evening at about 5 p.m. when she was cooking food, all of a sudden, her mother-in-law came to her and started quarrelling and thereafter poured kerosene over her and tried to set her on fire. When her mother-in-law did not find match-box, she pulled one portion of her sari into burning earthen stove due to which she received burns. After this incident, the injured was brought to the hospital by the villagers. On the basis of said Dehati Nalish, Crime No.36/95 was registered by police station Purani Chhawani, district Gwalior. The matter was investigated. During treatment in the hospital, injured Sunita Bai succumbed to burn injuries on 2/4/95. Before that and even before recording Dehati Nalish, dying declaration was recorded as per Ex.P/13. One more dying declaration was recorded as Ex.P/12 at 8-20 p.m. by the Executive Magistrate, namely, Shri B.S.Sisodiya (PW-9). After completion of the investigation, charge sheet was filed.