CHHOTI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal is filed being aggrieved with the judgment and order passed by the 13th Additional Sessions Judge Bhopal (M.P.) in S.T. No.746 of 2012 dtd. 28/2/2015 by which the appellants have been convicted for the offence punishable under Ss. 302/34 of the Indian Penal Code and sentenced to suffer R.I. for Life Imprisonment each with fine of Rs.5,000.00 each, in default further R.I. of one year.

(2.) In nutshell the case before the trial Court was that the appellant Chhotibai is the mother-in-law of the deceased, Shahid is his brother-in-law and Samreen is his sister-in-law. On 9/6/2012, he went to his in-laws' house to bring his wife back, on that, his wife said that she will come in evening. At 07:00 pm, he again went to his in-laws' house, the appellant no.1 mother-in-law started quarreling on the pretext that he had sold the ornaments of his wife, then the deceased stated that he was in need of money, thus he sold the ornaments of his wife, at that appellant no.2 Shahid Khan came there and dashed him as a result, the deceased fell down in the bathroom, on that, her sister-in-law Samreen poured petrol and Afreen threw a burning matchstick to set him on fire. He came out on the road, a person working in a hotel poured water on him and called 108 ambulance and sent him to the hospital. Information was received by Police Station-Gautam Nagar Bhopal which recorded rojnamchasanha 454. On 9/6/2012 at 20:30, the Police proceeded to hospital, he was given treatment and his dying declaration was recorded by the Executive Magistrate and by the Investigating Officer. A case was registered under Sec. 307 of the Indian Penal Code as Crime No.115 of 2012 at Police Station-Gautam Nagar Bhopal, District-Bhopal against the appellants and one juvenile Afreen. Spot map was prepared and the articles found on the spot were seized and sent for F.S.L. examination. During the treatment, Naeem died, marg vide no.16 of 2012 was registered as Exhibit-P/2 in Police Station-Gautam Nagar. Appellants were arrested. After investigation, charge-sheet was filed before the Judicial Magistrate First Class Bhopal. After committal, the case was sent to the Sessions Judge Bhopal and on transfer, the case was sent to trial Court.

(3.) The trial Court framed the charges under Ss. 302 read with 34 of the Indian Penal Code, the appellants abjured their guilt and prayed for trial. The trial Court recorded the prosecution evidence and examined the appellants under Sec. 313 of the Code of Criminal Procedure. The appellants took defence that Naeem was making pressure on their daughter/sister Amreen to bring the dowry though they had ahead, given Rs.4,00,000.00 to Naeem and with that he had purchased a plot at Karond but he was further demanding Rs.6,50,000.00 to construct his home over the plot. They had expressed their inability as they were not having money, on that he threatened that he will falsely implicate them in a criminal case and was pressurizing the appellants. On refusal to meet his demands, he himself poured petrol over him and set himself on fire. The appellants are innocent. Appellants examined Amreen (D.W-1), Rajjak Khan (D.W-2) and Rashid Khan (D.W-3). Amreen had proved the complaint filed before the Senior Superintendent of Police Bhopal and Chairperson to Human Rights Commission Bhopal.