BHOLAKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) BOTH the appellants were convicted for offence under Section 306 as also under Section 498-A I. P. C and sentenced to R. I. for ten years and three years respectively by the learned Addl. Sessions Judge, Barwaha in S. T. No. 184 of 1991 by order dated 19. 4. 1993. They were further directed to pay a fine of Rs. 1,000/- each for offence under Section 306 and Rs. 500/- each for offence under Section 498-A I. P. C. , failing which to suffer imprisonment for six months and three months respectively. Aggrieved by the aforesaid judgment of conviction and sentence, they have preferred this appeal.

(2.) ACCORDING to the prosecution, deceased Neelum @ Meenakumari was wife of appellant No. 1 Bholakumar. Appellant No. 2 Smt. Rajkumari is mother-in-law of the deceased. Appellant No. 1 was married to the deceased in the month of May, 1989. The deceased lived with her husband appellant No. 1 at various intervals and ultimately in December, 1989 she was sent by her father to the place of appellant No. 1. Appellant No. 1 came alongwith the deceased and stayed at Sarafa Bazaar in Barwaha town in the house of one Babulal Jain. After 7-8 days, while living at Barwaha, the deceased caught fire and an alarm was raised by appellant No. 1. On hearing the alarm, P. W. 3 Amarsingh came there and on an inquiry being made by Amarsingh, appellant No. 1 stated that his wife caught fire in the kitchen. P. W. 3 Amarsingh then took out a blanket and covered the deceased by it. In the meanwhile, other people also came there. P. W. 1 Dr. Haridas was one of them and he suggested that the deceased be taken to the Hospital. She was then admitted in M. Y. Hospital, Indore where she succumbed to the injuries, on 15. 1. 1990.

(3.) ACCORDING to the prosecution, the accused used to harass the deceased for a gold chain and a wooden sofa set. The deceased was also subjected to cruelty, and when the deceased asked appellant No. 1 to take her to her parent's place, she was assaulted and because of that, she poured kerosene oil on her body and set her on fire.