RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) AGGRIEVED by his conviction for committing offences punishable under Sections 498a and 302 read with Section 34 of IPC and sentences of rigorous imprisonment for three years and life, respectively vide judgment dated 30. 11. 1996 of Additional Sessions Judge, Lahar, this appeal has been filed by the appellant under Section 374 of the Code of Criminal Procedure.

(2.) PROSECUTION story in brief is that one Manjudevi (hereinafter referred to as deceased) was married with the appellant on 18. 2. 1987 in accordance with Hindu rites. The parents of the deceased had given dowry in accordance with their financial status but the appellant and his family members were not satisfied with it. Therefore, appellant as well as his family members used to treat the deceased with cruelty. They used to physically assault her. Because of all these problems, the deceased remained with her parents for almost a year, but, thereafter, appellant took her back to his house promising that thereafter he will not ill-treat her. Almost one and a half months afterwards, on 1. 11. 1992 at around 7. 30 a. m. , when the deceased was sitting in the courtyard, the appellant caught hold of her by neck and took her to a room inside the house where Jaldevi, the mother of the appellant poured kerosene oil over her while the appellant covered her mouth with his hand and thereafter said Jaldevi ignited a match and put the deceased on fire. Thereafter, they both closed the doors of the room from outside and went away. A television set in house was on at that time and because of it, the shrieks of the deceased could not be heard by anyone. However, after some time, father of the appellant on hearing the shrieks or after seeing the smoke came there and opened the room to find the deceased burnt. He (Vrindavan) with the help of the neighbours took the deceased to the local hospital at village Lahar. The medical officer of the hospital, Dr. R. K. Rajoriya (P. W. 13) attended the deceased and also informed the police. Thereupon, A. S. I. Rampal Singh Sisodiya (P. W. 12) went to the hospital and took the report (Dehati Nalishi Ex. P/17) lodged by the deceased. The medical expert Dr. Rajoriya (P. W. 13) found the condition of the deceased serious and, therefore, referred her to Gwalior hospital and also recorded her Dying Declaration (Ex. P/19 ). Thereafter, the deceased was sent to Gwalior with the police but she succumbed to the burn injuries on her way and was, therefore, brought back to Lahar. Autopsy was conducted again by Dr. Rajoriya (P. W. 13 ). Meanwhile, the parents and relations of the deceased got information and reached Lahar. After completing the investigation, a charge-sheet was filed by PS. Lahar, District Bhind against the appellant, his mother Jaldevi, his father Vrindavan and brother Shivkumar. Out of the said four persons, Jaldevi remained absconding and, therefore, only the three remaining were tried before the Court of Additional Sessions Judge, Lahar (hereinafter referred as Trial Court ).

(3.) THE learned Trial Court accordingly charged the appellant and his father and brother for committing the offence punishable under Section 302 read with Section 34, Sections 304-B and 498-A of IPC. All the three of them abjured their guilt. During trial, in all fourteen witnesses were examined by the prosecution and four, including the appellant, testified in defence. After recording the evidence and after hearing the parties, the learned Trial Court pronounced its impugned judgment dated 30. 11. 1996 acquitting the father and brother of the appellant and convicting only the appellant for the offence punishable under Section 302 read with Section 34 and Section 498-A of IPC.