BANTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present criminal appeal under Sec. 374 of the Code of Criminal Procedure has been preferred by appellant- Banti @ Vishwajeet Singh Bhadauriya, assailing the judgment of conviction and order of sentence dtd. 30/11/2015 passed by learned Fourth Additional Sessions Judge, Bhind, in Special Case No.245 of 2013. By the impugned judgment, appellant was convicted under Sec. 302 IPC and sentenced to undergo life imprisonment with a fine of Rs.50,000.00, with a default stipulation of one year's rigorous imprisonment. He was further convicted under Sec. 452 IPC and sentenced to five years' rigorous imprisonment with a fine of Rs.5,000.00, with a default stipulation of six months' rigorous imprisonment. Both sentences were directed to run concurrently.

(2.) Prosecution case, in brief, is that PW-3 Shantidevi, grandmother of deceased Kirti, resides in Krishna Colony, Bhind, whereas her son Hukum Singh resides nearby with his family. On 20/5/2013, between 10 and 11 a.m., Hukum Singh's wife Lakshmi (PW7) and elder daughter Rani (PW5) had gone to Vankhandeshwar Temple. The deceased, aged about 15 years, was at home along with her younger sister Mohini, who was sitting outside at a small kiosk selling beedis and small packets. During this time, accused Banti allegedly entered the house and attempted to molest the deceased. When the deceased resisted and raised an alarm, the accused picked up a plastic kerosene can lying in the kitchen, poured kerosene on the deceased, and set her ablaze.

(3.) Hearing the screams of deceased, Mohini cried for help. Neighbours Karu Singh (PW-4) and Subhadra immediately reached the spot and extinguished the flames using a sack and scarf. The deceased, who had sustained severe burn injuries, informed them that the appellant had set her on fire. Soon thereafter, Ajit Singh (uncle of the deceased) and neighbour Guddu Kushwah arrived and rushed the injured girl to the District Hospital, Bhind. She was subsequently referred to J.A. Hospital, Gwalior, where she succumbed to her injuries on 23/5/2013.