JAGDISH DCVDA Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal aims at setting aside the judgment dated 14-9-99 passed by the learned Sessions Judge, Rajgarh (Biaora) in Sessions Trial No. 210/97 thereby finding the appellant guilty of the offence punishable under Section 302, Indian Penal Code, convicted and sentenced him to suffer imprisonment for life with fine of Rs. 100/-, and in default of payment of fine to further suffer additional S. I. for 15 days.

(2.) IN nut-shell, the prosecution case as unfolded before the Trial court was that the deceased-widow was serving as maid servant in the house of the appellant Jagdish Devda. The appellant assured her for Court-marriage. On 25-6-97, in the night she went to the appellant at 9. 00 PM for deliberations regarding expenses of the Court-marriage. During the course of talks, quarrel developed between them and the appellant threatened her to eliminate her where upon the deceased herself brought kerosene in a bottle from her aunt and while standing by the side of the appellant, challenged him for killing her upon which, the appellant poured kerosene oil on her person and ab-lazed her. The appellant, after lilting fire ran away and immediately thereafter, her aunt reached over there. She extinguished the fire after throwing water on the person of the deceased Madhubai. She was taken to the hospital at Rajgarh where she was attended in the intervening night of 25th and 26th June, 1997 at 12. 35 AM by Dr. O. P. Sahu (P. W. 8 ). Dr. Sahu prepared MLC Report (Ex. P-7) and found in total 14 to 16 per cent burn. The patient was conscious and was admitted in the Surgical Ward. According to Ex. P-7, there was 2nd degree burn on front of chest and back of abdomen, back of both arms and back of chest. Her condition was good. Dr. Sahu sent information to the police by letter Ex. D-2, dated 26-6-97 which was received by the police on 26-6-97 at 6. 55 AM. By this letter, the doctor mentioned that Madhubai sustained burn-injury in the night by lamp (Chimney ). The information was recorded by the police on this basis in roznamcha Sanha No. 1308. During the course of treatment, the police of P. S. Rajgarh sent a letter of request to the Medical Officer District Hospital, rajgarh, through Constable for recording of Dying Declaration of deceased because the Executive Magistrate was not available. On the basis of this request, dr. P. W. 6 R. C. Bansiwal recorded the Dying Declaration of deceased on 26-6-97 at 7. 00 PM in the presence of two witnesses namely Memuna Qureshi (Axillary Nurse Midwife) and Dalchand (sweeper) in the hospital. Signatures of the deceased Madhu were also obtained on the dying declaration. Madhubai died on 1-7-97 in the hospital. Her body was sent for post-mortem examination which was conducted by Dr. P. W. 8 O. P. Sahu with a Panel of three doctors including himself. He found second degree of 14% burn on front of chest, neck, upper arm, back of abdomen and back of chest. The injuries were ante mortem in nature. Foul smell was also coming from the burn injuries due to infection and sloughing tissues. According to this doctor, the deceased died because of delayed shock due to in-flammed injuries on the body. The post-mortem report is Ex. P-8. After due investigation, charge-sheet was filed.

(3.) THE appellant abjured his guilt and took the plea of alibi. He examined two witnesses in his defence. Learned Trial Court finding the appel-lant guilty convicted him on the basis of the Dying Declaration (Ex. P-6)recorded by P. W. 6 Dr. R. Bansiwal.