RAMESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Ramesh Kumar challenges his conviction under Section 302, Indian Penal Code and sentence of imprisonment for life recorded vide judgment dated 25-7-1986 passed in S. T. No. 25/1986 of Bhopal Sessions Division.

(2.) THE appellant was living with his wife Meera. On 22-9-1985 at about 2. 00 P. M. he got annoyed because Meera had not cooked the meals and then poured kerosene oil over her and set her ablaze. Her cries attracted Gorelal, Sukhram, Ramesh and Sunderlal (PWs 3, 9 to 11 respectively) from the neighbourhood. The appellant then took Meera to Jai Prakash Hospital. Dr. (Smt.) Shobha Shrivastava (PW 13) attended on her in the emergency ward. The deceased had told the said Doctor that she was burnt by her husband after pouring kerosene oil over her. An intimation was sent to the T. T Nagar Police Station, Bhopal of the arrival of Meera in a burnt condition from the Panchsheel Nagar which was recorded in Sanha No. 2758 at 14. 30 P. M. (Ex. P. 11-A ). A. S. I. Shri J. N. Pandey (PW. 16) then reached the hospital and recorded the statement of Meera (Ex. P. 15) in presence of Mashruk Khan (PW 12), Nandlal (PW 15) and Dr. (Mrs.) Shobha Shrivastava. On his requisition Meera was examined by the said lady Doctor whose report is Ex. P. 17. In the meantime, Meera succumbed to her 80% burn injuries. A. S. I. Pandey then returned to the police station and recorded F. I. R. Ex. P. 21 at 21. 10 Hrs. and proceeded to investigate the case. He held inquest vide Ex. P. 4, sent the body for post mortem examination vide requisition Ex. P. 19 and recorded the statements of witnesses. Dr. Vijay Mathur (PW 6) conducted autopsy on 23-9-1985 and vide report Ex. P-8 confirmed the earlier finding of Dr. Shrivastava of 80% second degree burns - almost all over the body resulting in cardio-respiratory failure leading to death. He also found smell of kerosene oil in scalp hairs and the remains of petticoat. A 2. 5 cm x 1 cm bruise was also detected in the inner aspect of the lower lip. The injuries were found to be ante mortem caused within 24 hours from the post mortem examination. Ex. P. 9 is the diagram depicting the injuries. The appellant admitted that Meera was his wife, but denied his guilt pleading false implication.

(3.) DURING trial aforesaid PWs 3, 9 to 11 turned hostile. The learned trial Judge held the statement of deceased Ex. P. 15, recorded by the Investigating Officer, to be suspect for various reasons enumerated in paras 25 to 27 of the impugned judgment, but found the dying declaration recorded by Dr. (Smt.) Shobha Shrivastava to be a truthful version as to the circumstances of the death of Meera and, therefore, on its basis convicted and sentenced the appellant as aforesaid.