STATE OF M P Vs. MANMOHAN CHOUBEY

JUDGEMENT

(1.) Manmohan Choubey, son of Devidayal Choubey, aged about 29 years, Veterinary Assistant, resident of Sagar Naka Ward, Khurai, (District Sagar), stands convicted and sentenced under Section 302 of I.P.C. to death by hanging by the neck till dead, in Sessions Trial No. 113 of 1992, decided on 8.10.1993, by the Additional Sessions Judge, Khurai (District Sagar), leading to this Reference under Section 366 of the Code of Criminal Procedure (Criminal Reference No. 3 of 1993). Manmohan Choubey was also held to be guilty of the offences under Section 4 of Dowry Prohibition Act, 1961 for which he was convicted and sentenced to rigorous imprisonment for two years and fine of Rs. 10,000/-, and, in default, six months simple imprisonment, under Section 498-A of I.P.C. to rigorous imprisonment for three years and a fine of Rs. 10,000/-, and, in default, simple imprisonment for one year; and under Section 304-B of I.P.C. for which he was convicted and sentenced to imprisonment for life, but, in view of the death sentence, having already been awarded to the accused Manmohan Choubey, it was not considered necessary by the learned trial Judge, to implement the sentences as aforesaid. (i) Manmohan Choubey, son of Devidayal Choubey: has also preferred an Appeal (Criminal Appeal No. 1009 of 1993) against his aforesaid convictions and sentences in Sessions Trial No. 113 of 1992, decided on 8.10.1993, by the Additional Sessions Judge, Khurai (District Sagar). (ii) This order shall dispose of both - Criminal Reference and the Criminal Appeal.

(2.) It is not in dispute that the deceased Ramkali was married, about three years prior to the incident, to accused-Manmohan Choubey and, in her Sasliral, she was named as Rajkumari, Rajkumari had died on account of bum injuries. It is also not in dispute that Manmohan Choubey had also received bum injuries in his legs and his daughter had also been uinjured on account of the fire.

(3.) According to the prosecution, Manmohan Choubey treated his wife Rajkumari with cruelty by beating her on account of getting less dowry and he used to tell his wife to bring Rs. 10,000/more from her father. Rajkumari informed her parents about this, but no report was lodged on the fear that her husband might desert her and, hence, she continued to face the torture. On the date of the incident i.e., 9.2.1992. in the afternoon, in the house of her husband at Khurai, Rajkumari (deceased) was being beaten by her husband Manmohan Choubey and he was telling her to go and bring money. In the evening, at about 5.00 p.m., the deceased locked his wife in the room and poured kerosene oil and. thereafter. set her ablaze by a lighted match-stick as a result of which, she started burning, and, therefore, she ran shouting in the verandah (Dahlan) and caught hold of both the legs of her husband. RajkumariTs daughter, aged about 3-4 months, who was lying in the cradle, had also been injured due to the burning. The neighbours and persons residing in the same locality, came to the spot and they were informed by Rajkumari that her husband had poured kerosene oil over her and had set her ablaze. Rajkumari was taken to the hospital, and Dr. Rakesh Saxena, who was on duty in Khurai Hospital, at that time, sent information to the police, upon which the F.I.R. (Ex.P-3) was recorded by Sub- Inspector R.P. Pathak, at Police Station Khurai, vide Crime No. 51 of 1992, and offences under Sections 307, 498-A of I.P.C. and Section 3/4 of Dowry Prohibition Act, were registered. Further investigation was done by B.L. Ahirwar, S.D.O. (P), Khurai. Dying declaration of Rajkumari (Ex. P17/P-23 was recorded by the Executive Magistrate Ramcharan Rahangdale (P.W. 23). Rajkumari expired in the hospital in the night at about 3.00 a.m. on 10.2.1992. Inquest was held, as per inquest memo (Ex.P.10). Autopsy on the dead body of Rajkumari, wife of Manmohan Choubey aged about 24 years, was conducted by Dr. Rakesh Saxena (P.W. 26) on 10.2.1992, and, as per postmortem report (Ex. P-23-A), he found superficial bums about 95% present over the body-including the head, face, trunk, abdomen, upper and lower limbs. He also found smell of kerosene present in the body and on the burnt clothes. According to Dr. Rakesh Saxena, the cause of death of Rajkumari was syncope due to shock as a result of severe bum.