ARJUN SAHARE AGED 27 YEARS S/O LATE SHRI HARIDAS SAHARE Vs. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KAMLA NAGAR BHOPAL (M.P)

JUDGEMENT

(1.) Appellants have filed this appeal under Sec. 374 of the Code of Criminal Procedure challenging the judgment dated 11.7.1996 passed by the 5th Additional Sessions Judge, Bhopal in Sessions Trial No.3/96 convicting the appellants for the charge under Sections 498-A and 302/34 of Indian Penal Code and directing them to undergo rigorous imprisonment for three years and the imprisonment for life respectively with default stipulation.

(2.) The facts which are not in dispute that the marriage of Rekha (the deceased) was solemnized about six months prior to the date of incident i.e.1.9.1995 with appellant No.1 Arjun. Appellant No.2 Tulsi Bai is the mother-in-law and appellant No.3 Sunanda is the sister-in-law (Jethani) of the deceased. The deceased died on 2.9.1995 in other than normal circumstances due to burn. As alleged by the prosecution, after the marriage, the deceased was subjected to demand of dowry, cruelty and harassment. It is said that the mother of deceased left her at the house of In-laws at Bhopal about a week prior. Thereafter, she was ill-treated, tortured and subject to cruelty, and on the date of incident i.e.1.9.1995, she was allegedly beaten by the husband and in the evening at about 6 pm while she was filling the water, appellant No.3 Sunanda (sister-in-law) came and caught hold of both the hands of the deceased. Appellant No.2 Tulsi Bai (mother-in-law) came with a kerosene jar and sprinkled it over the deceased and lit the match. At that time, husband was sitting in the front room and visualising television with high volume and not came ahead to save the deceased. After burn, she was shifted to Hamidiya Hospital wherefrom the merg was registered at Police Station Kamla Nagar, Bhopal. The dying declaration of the deceased was recorded by PW.15 Nirmal Kumar Jain, Station House Officer of Police Station Kamla Nagar, vide Exhibit P/14 in the night of 1.91995 in presence of Resident Surgeon to the burn unit PW.13 Dr. Ashutosh Jha, on certification of the mental status of the maker. However, in the morning of the next day, the deceased died. The autopsy was performed by PW.6 Dr.Sanjay Kumar Dadu, who submitted the autopsy report (Exhibit P/5) along with topographic diagram of the body of deceased indicating the burn of 1st to 2nd degree. The cause of death as opined is due to cardio respiratory failure as a result of the burn and its complication. Thus, after completion of the investigation, challan was filed. The Magistrate competent after taking cognizance found that the case was triable by the Court of Sessions, therefore, committed to the Court of Sessions.

(3.) After committal, the Court of Sessions has framed the charge against all the three accused persons under Sec. 498-A read with Sec. 302/34 of Indian Penal Code. The accused persons have abjured their guilt and put the defense that deceased died while she was cooking the food and they are innocent, however, implicated falsely by police.