AMRITLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have approached this Court being aggrieved by the judgment of conviction and sentence, passed against the appellants by V Additional Sessions Judge Indore in Sessions Trial No. 448/93 dated 29-2-1996, thereby finding the appellants guilty for the offences punishable under Section 498-A/34 and 304-B/34, IPC and sentencing each of them to suffer Rigorous Imprisonment for 2 years and life imprisonment respectively.

(2.) The prosecution case, as furled before the trial Court, in short, is that in the year 1991, deceased Amulbal was married with appellant No. 1 Amritlal. Basantibai and Sonabai are sisters-in-law of deceased. Amulbai. Acquitted accused Balaram and Dwarkabal, were father-in-law and mother- in-law respectively and Sadhuram was the brother-in-law (Dewar) of the deceased. After marriage deceased Amulbal started living with her in-laws in Anandnagar. For about six months, she was kept properly and thereafter they started demanding dowry and on non-fulfilment of their demand they started ill-treatment and beating Amulbai. They were asking Amulbal to bring money for purchasing scooter. On failure to bring money by Amulbai, her husband Amritlal, sisters-in-law Sonabai and Basantibai ablazed her by pouring kerosene oil. She was admitted in M. Y. Hospital Indore. She suffered 100 percent burn injuries and on 4-5- 1993, in the night at 9.55 p.m. she died. Police Station of Rajendra Nagar, Indore, received information about the death of Amulbai, from the M. Y. Hospital, on telephone, which was recorded as Murg Intimation vide Exh. P/1. Thereafter, P.W. 7 Kamal Singh Bundela CSP reached the hospital. He prepared Inquest Exh. P/4 and after recording the statement of some witnesses, registered First Information Report Ex. P/6 in the same night, at 8.45 p.m. He sent dead body of the deceased Amulbai for postmortem examination. Post mortem was performed by Dr. Ravindra Choudhari, who has not been examined by the prosecution because along with the medical requisition form filed by the police, Post-Mortem report was admitted by the defence and the same has been exhibited as Ex. P/13. Deceased Amulbai was admitted in the hospital. P.W. 3 S. K. Tiwari prepared her Medico Legal Certificate (MLC). According to the post mortem report, Ex. P/13. deceased suffered 80 per cent burn Injuries, ante mortem in nature and died due to cardlo respiratory failure, as a result of burn and its complications. She died within 24 hours from performance of autopsy. The autopsy was performed on 5-5-1993 at 11-15 p.m. After necessary investigation, charge-sheet was filed against six accused persons.

(3.) Appellants denied charges. According to their accused statements under Section 313, Cr. P.C. on the date, when deceased Amulbai sustained burn injuries, except Dwarkabal, none was present, in the house. They have been falsely Implicated in the case. They examined D.W. 1 Sundarlal, D.W. 2 Pyarelal as defence witnesses. Learned trial Court relied on the testimony of, P.W. 1 Shardabai, P.W. 1 Baluram, P.W. 5 Mayaram, and P.W. 6 Umrao. While disbelieving the evidence of P.W. 1 Shardabai and P.W. 2 Kaluram about oral dying declaration made by the deceased before them in the hospital. For demand of dowry and on failure to fulfil their demands by the parents of the deceased, ill-treatment and cruel behaviour with the deceased, because of which deceased met unnatural death by burn injuries, within 7 years of her marriage. Learned trial Court acquitted 3 ac- .cused persons Dwarkabai, Balaram and Sadhuram, (mother-in-law, father-in-law and brother-in-law), and convicted the present appellants i.e. husband Amritlal, married sisters-in-law (Basantibai and Sonabai).