THE STATE OF MADHYA PRADESH Vs. KANTI BAI

JUDGEMENT

(1.) THIS application has been filed by the State under Section 378 (3) of the Code of Criminal Procedure for grant of leave to appeal against acquittal.

(2.) IT is a matter of record that respondents/accused persons Kantibai, Neeraj, Moolchand and Bhagwatibai were tried for the offences punishable under Sections 304 -B and 498 -A of the I.P.C. in the Court of Additional Sessions Judge, Raisen. In addition thereto, accused respondent Kantibai was tried under Section 302 of the I.P.C. and respondents Moolchand and Bhagwatibai were tried for the offence punishable under Sections 302 read with section 34 of the I.P.C. After trial, learned Additional Sessions Judge acquitted the respondents of all charges by judgment dated 18.7.2014. Aggrieved by the same, this application for leave to appeal has been filed by the State.

(3.) ON 15.09.2009, at the instance of respondent Neeraj, it was entered into Roznamcha Sanha at police station Deori that on the fateful morning, he had gone to a private school to teach. He was informed on telephone that his wife Umabai had caught fire and had sustained injuries. On reaching home, his wife told him that when she was preparing tea on stove it flared up and her clothes caught fire. On the same date, Head Constable Surat Singh Rajput recorded the statement of deceased Umabai under section 161 of the Cr.P.C. in the hospital; wherein, she repeated aforesaid story. However, on 18.09.2009, when a Executive Magistrate recorded her dying declaration, she stated that her father in law Moolchand, mother in law Bhagwatibai and sister in law Kantibai used to harass her for demand of dowry and since, she was unable to meet the demand; her sister in law Kantibai poured kerosene on her and set her afire. Archana, mother of the deceased, Sandeep, brother of the deceased and Ashok Kumar, father of the deceased have also stated that deceased Umabai informed them that Moolchand, and Bhagwatibai, caught hold of her hands and Kantibai poured kerosene on her and set her afire. After investigation, a charge sheet under Sections 302, 304 -B and 498 -A read with section 34 of the I.P.C. was filed and the charges as aforesaid, were framed.