MONIYABAI Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed under Section 374 of the Code of Criminal Procedure against the judgment dated 12-7-95 passed by Sessions Judge, Vidisha in Sessions Trial No. 47/93 whereby convicted the appellant under Section 302, IPC and sentenced her to undergo imprisonment for life.

(2.) DECEASED Phoolabai was married to Khuman Sigh who is the son of the appellant. As per prosecution story, on 9-10-1992, deceased Phoolabai was cooking food in the house. Appellant poured kerosene oil on her and set her on fire. In the meantime husband of the deceased came and had seen the flames and smoke. He went into the room and tried to extinguish the fire. While rescuing her, Khuman Singh also sustained injuries on his hand. Thereafter deceased was taken to the hospital and was admitted. Intimation was given to the police. Dehati Nalishi was recorded. Dying declaration of the deceased was also recorded by Naib Tehsildar P. W. 6 P. D. Bhasniya. Matter was investigated. On 14-10-92, Phoolabai succumbed to her injuries. Thereafter case was registered under Section 302, IPC against the appellant. Post-mortem of the dead body was also performed and after investigation charge-sheet was filed.

(3.) DURING trial, appellant abjured her guilt. Charges were framed and prosecution evidence was recorded. Appellant also examined three witnesses in defence. After considering the evidence of the parties, Trial Court convicted the appellant and sentenced her as aforesaid against which she has filed this appeal.