KAMLA BAI Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant convict has preferred this appeal against the judgment dated 29.1.1998 of the learned Second Additional Sessions Judge, Balaghat, in ST No. 219/96, by which the learned Judge has convicted the appellant under section 302 of the IPC and sentenced her to imprisonment for life and fine of Rs. 100/-. In default of payment of fine, the judgment directs her to suffer further RI for one month. According to the prosecution, Munnibai (deceased) was resident of Waradholia-Tola where she was residing with her mother Leelabai and earning livelihood by making baskets. She had married Dharamdas ten years ago but the marriage was not successful and she had separated, and was living with her mother. On 23.5.1996, she had gone with accused Kamlabai to the Range Office, Kirnapur to bring bamboos. On return in the evening, Kamlabai invited her to the house of her mother in the same village and accordingly, she went to her house. Kamlabai (accused) was residing after marriage in village Risewada and had come to her parents house in village Dholia-Tola on Monday. She suggested to the deceased that since her husband has deserted her, she may accompany her td village

(2.) RISEWADA where she may select another husband. The deceased refused, which enraged Kamlabai to such an extent that she picked up the lantern and sprinkled kerosene oil on her sari. The deceased Munnibai rushed out to make a complaint about this indecent and abnormal behaviour of the accused to the Village Kotwar. Kamlabai came chasing her, abused her and stating that she was thinking that she was smart and that she would punish her, lighted a match and set her on fire. The kerosene sprinkled on the sari of the deceased being inflammable caught fire and she raised an alarm with the result Leelabai and Jamnabai rushed to extinguish the fire.

(3.) THE accused denied the charge and having committed any offence and stated that she had not set afire Munnibai and she had been falsely implicated. The learned Additional Sessions Judge, however, found the appellant guilty and convicted and sentenced her as stated hereinabove.