CHHAGAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(1) of the Cr.P.C. is preferred challenging the conviction and sentence in Session Case No.79/2012 by the Special Judge, Barwani, District Barwani wherein vide judgment dtd. 21/8/2014 the sole appellant/accused Chhagan @ Chhaganya has been convicted under Sec. 302 & 307 of the IPC for committing the murder of his wife Rangli Bai, 2 months old daughter Rekha @ Babita and attempting the murder of his 5 years old daughter Gayatri Bai.

(2.) The prosecution case was that on 18/2/2012 at around 05:00 PM Rangli Bai was preparing the information regarding the office of Anganwadi as Rangli Bai was working as Anganwadi Karyakarta in village Morani, Dudwa Faliya, Police Station - Rajpur, District Barwani. At that time, a two year old daughter Rekha @ Babita was in the lap of Rangli Bai. The appellant/accused entered into the house and started abusing Rangli Bai. When, Rangli Bai objected to the abusive words, appellant/accused Chagan @ Chaganya took the cane filled with kerosene oil and poured on Rangli Bai and lit the fire and burnt Rangli Bai alongwith Rekha @ Babita. When Gaytri, aged 5 years came in contact with her mother then she also caught fire. The appellant/accused thereafter extinguished the fire by pouring the water and thereafter left the house. Elder brother of appellant/accused namely Mangilal and his wife Gaura Bai came to the spot and shifted the Rangla Bai, Rekha @ Babita & Gaytri to the Govt. Hospital, Rajpur. In the hospital, Ramesh (PW-1) brother of Rangli Bai also reached. All the injured persons were referred to District Hospital, Barwani after primary treatment at Community Health Centre, Rajpur, District Barwani. The Executive Magistrate (PW-4) recorded the dying declaration of Rangli Bai after getting the certificate of Dr. Rajneesh Patidar (PW-3) at Community Health Centre, Rajpur. A Dehati Nalishi (Exhibit-P/11) was recorded by Inspector - Rajeev Uikey (PW-6). Spot map (Exhibit-P/12) was prepared and materials found at the place of incident were seized as per Exhibit-P/13. The appellant/accused was arrested as per Exhibit-P/14. During treatment Rekha @ Babita died on 19/2/2012 and Rangli Bai died on 24/2/2012 at M.Y. Hospital, Indore. An autopsy was conducted and final report was submitted.

(3.) Charges under Sec. 302 and 307 of the IPC were framed against the appellant/accused. The appellant/accused abjured the guilt and claimed for trial.