PAMNI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal under Section 374 of the Cr. P.C. by the accused/appellant, who has been convicted for offences punishable u/Ss. 302 and 498-A of the I.P.C. and sentenced to suffer R.I. for life and S.I. for six months respectively in S.T. No. 115/1985 by Judgement dated 2-7-1986 of the Court of II Addl. Sessions Judge, Damoh.

(2.) Undisputably, the deceased Kamla Bai was the daughter-in-law of the accused/appellant Pamni, who sustained burn injuries on 24-4-1985 and succumbed to the same on 8-5-1985. According to the prosecution case, on 24-4-1985, the deceased asked the accused/appellant for a sickle to be given to her for cutting vegetables upon which the accused/appellant scolded her and there after poured kerosene oil on the deceased and set fire on her. Kamla Bai, it is alleged, thereafter ran towards the house of her uncle-in-law, Shyamlal (P.W. 1), who resides in an adjoining house, who sprinkled water on her and extinguished the fire. Thereafter, the husband of the deceased Hallu reported the matter at 2.15 P.M. at P. S. Jabera, which was recorded on 'Sanha' No. 632 (Ex. P. 12) dated 24-4-1985. In that 'Sanha', the husband of the deceased Hallu reported that the deceased caught fire accidentally while cooking.

(3.) The deceased was taken to hospital at Jabera, where Dr. G. P. Bhatnagar(P.W. 18) examined Kamla Bai and found burn injuries on her person, which were on her chest, abdomen, back, parietal areas, both thighs, back-side of waist region as described in detail in his report (Ex. P/13-A). Thereafter, the S.H.O., Madhuresh Pachori (P.W. 16) sent him memo (Ex. P/15-A) enquiring whether the injured Kamlabai was in a fit condition to give statement to which reply (Ex. P/15) in the affirmative was given by Dr. G. P. Bhatnagar (P.W. 18). The dying declaration (Ex. P/13-B) was thereafter recorded by the Tahsildar and Executive Magistrate, Shri C. B. Guru (P.W. 12). F.I.R., as per (Ex. P/16) was recorded on 24-4-1985 at 4.20 P.M. The deceased was later on shitted to the District Hospital, Damoh where she died on 8-5-1985. Post-mortem was conducted by Dr. V. P. Vichpuriya (P.W. 4) on 9-5-1985 and his report is Ex. P/5. The spot map (Ex. P/18) was prepared and after completion of' usual formalities, the charge-sheet was filed.