KASHIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Smt. Kashibai has preferred this appeal against the order of conviction and sentence dated 16. 9. 1986 passed against her by Shri N. P. Mehar, Sessions Judge, Vidisha, whereby he convicted and sentenced her to a term of five years under Section 304 (Part I) of the Indian Penal Code.

(2.) THE prosecution story unfolded from the material on record, runs as follows: Deceased Smt. Loomabai was daughter-in-law of appellant Smt. Kashibai. She alongwith her husband lived with the appellant at Durganagar, Vidisha. Appellant's son Udhamsingh was said to be a thief. On the date of occurrence at about 7 or 8 a. m. , Smt. Loomabai came out running from the house shouting for help. Shakoor Mohammed (PW 5), her neighbour, went to her rescue. Her clothes had caught fire. When an inquiry was made from her, she disclosed that her mother-in-law i. e. the accused had poured kerosene oil and set her on fire and escaped. Thereafter, other persons of the neighbourhood assembled and Smt. Loomabai narrated the same story to them as well. Shakoor Mohammad (PW 5) brought some clothes to cover her, as she had become naked. He took her to hospital on a cot alongwith others. He also went to the Police Station and lodged report Ex. P-6. Accused was also taken to the Police Station. On 23. 11. 81, PW 11 Randhir Singh, who was then Head-Constable had conducted initially investigation and had recorded statements of Man Singh, Shakoor Mohammad, Awadh Narain and Loomabai. Smt. Loomabai had 91% burn injuries. A report was made for recording her dying declaration and her dying declaration was recorded by T. R. Uke (PW 6), who was Naib Tehsildar and Executive Magistrate at that time. On the basis of the FIR (Ex. P 6), a case under Section 307 IPC was registered by D. R. Malviya (PW 10), the then Town Inspector. He proceeded to the spot and on the pointing out of Shakoor Mohammad prepared spot-map (Ex. P. 4 ). He recovered a Tin having about 1/8th kg. kerosene oil, one match-box Anand Chhap, and one burnt match-stick from inside the room. He also recovered pieces of burnt clothes of Loomabai and burnt pieces of skin before witnesses Man Singh and Shakoor Mohammad, vide Ex. P.-7. He was thereafter transferred and the investigation was taken over by M. L. Ahiriwar (PW 7 ). After the death of Smt. Loomabai, case was converted under Section 302 IPC and Shri Ahiriwar (PW 7) prepared Panchanama (Ex. P. 1) and handed over the dead body of Smt. Loomabai to Constable Gaya Prasad for post-mortem on 24. 11. 84. On the same day, he prepared seizure memo of two sealed packets brought by Constable Gaya Prasad from the hospital containing viscera and burnt hair of the deceased, vide Ex. P. 2. He also took into custody, a quilt brought by Smt. Loomabai's father and which was spread on the cot in the hospital from which smell of kerosene was coming, vide Ex. P. 5. He arrested accused on the same day at 8 p. m. and prepared Panchanama (Ex. P. 11 ). Mr. Anil Kumar Shukla (PW 9) conducted post-mortem of the dead body of the deceased Loomabai and found the following anti-mortem injuries on her person vide Ex. P. 13. (i) Superficial burnt over both legs over front of abdomen and chest over whole of the back and neck. Burn was approximately 91%. Scalp hair were also burnt partially. Rest of the organs were found to be healthy and normal. After completing' investigation, the accused and her daughter Jamnabai were charge-sheeted. Accused Jamnabai was however discharged by the Court and accused-appellant was tried under Section 302 IPC.

(3.) ACCUSED denied the charge. She however admitted that Smt. Loomabai was her son Udham's wife and they lived together in the same house at Durga- nagar. Witness Shakoor Mohammad also resided in the same Mohalla. On the date of occurrence at about 7 or 8 a. m. flames of fire came out from her house, but she claimed that she was not at her house at that time but was in the house of Awadh. The fact that persons of the neighbourhood had assembled too was admitted by her. She claimed that the Sari was given to Chandra Deep Master by her and in that Sari Loomabai was taken to Hospital. She was arrested the same day when she was taken from the hospital to. lodge the report in the Police Station. About 4 or 5 years back, her son Malkhan Singh was got involved in a case by Shakoor and hence she was not on talking terms with him. She was falsely implicated.