BASANTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has filed this appeal challenging her conviction under Section 302 of I. P. C. and sentence to imprisonment for life, awarded by Additional Sessions Judge, Lahar, in Sessions Trial No. 179/1995 vide impugned judgment dated 19. 2. 1997.

(2.) IT is not disputed that the deceased was the wife of co-accused Anil Kumar and daughter-in-law of present appellant Basanti. Another co-accused Vidyaram was her father-in-law. They were all residents of village Rahavali, P. S. Lahar, district Bhind. The incident took place on 26. 4. 1995. It is alleged that prior to 5-6 days of the incident, some currency notes of around Rs. 40 of the appellant were missing and because of which there was disturbance in the family. On the day of incident, between 10-11 O'clock in the morning, the deceased after preparing food, was inside the room. Appellant Basanti came there with a can of kerosene oil and after sprinkling the kerosene oil, on the body of the deceased set her on fire. The deceased started burning and crying but nobody came to her rescue. Some persons from the Mohalla came and took her in burning condition to the hospital at Lahar where she was examined by Dr. R. K. Rajoriya (P. W. 10) at 1 p. m. He found the smell of kerosene coming from her body and clothes. He prepared medical examination report Ex. P/l5 and referred the case to Madhav Dispensary, Gwalior. On the information given by Dr. Rajoriya (P. W. 10) to police, one Mahendrasingh Shrivastava (P. W. 8) Head Constable came on the spot and recorded the statement of the injured Guddi vide Ex. P/10. Thereafter, on the information by P. S. Lahar, Tehsildar/executive Magistrate Shri O. N. Shrivastava (P. W. 13) also came to hospital and recorded her dying declaration which is Ex. P/l6. On this dying declaration (Ex. P/16) Dr. Rajoriya (P. W. 10) had certified that she was conscious and thereafter she was taken to Gwalior for further treatment, but on 27. 4. 1995 at about 7 O'clock in the morning, she died. On 28. 4. 1995, her dead-body was referred for post-mortem examination and the post-mortem was accordingly performed by Dr. J. N. Soni (P. W. 12) at 4. 50 p. m. The post-mortem report is Ex. P/19. Thereafter Merg Intimation was recorded and Panchnama Lash was prepared. FIR was recorded and the matter was investigated. During investigation, spot-map was prepared, statements of the witnesses were recorded. The accused persons were arrested and on the basis of the information given by co-accused Anil Kumar, husband of the deceased, Memorandum Ex. P/17 was prepared and the can of kerosene oil was recovered and seized. After investigation, a charge-sheet was filed.

(3.) DURINGTRIAL, accused-persons abjured their guilt and their defence was that they have been falsely implicated due to enmity. No evidence was produced in defence. The Trial Court after examining the evidence on record found that the prosecution has proved the case only against the present appellant and, therefore, convicted and sentenced her as aforesaid against which she has filed this appeal. As far as remaining two co-accused are concerned, they have been acquitted from the charge by the Trial Court.