SATYANARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment of conviction and sentence dated 27.04.2010 passed by the fourth Additional Sessions Judge, Guna in in S.T. No.506/2008, whereby the appellant has been convicted of offence under Section 302 of IPC and sentenced to life imprisonment with fine of Rs.1,000/-.

(2.) The prosecution's case, in short, is that on 02.10.2008 at about 08:00 to 09:00 PM, the appellant demanded a sum of Rs.100/- from deceased Neelam a step daughter of the appellant, who was sitting with her sister Priyanka (PW-1) and mother Sudha (PW-2) at township of Maksudangarh District Guna. The deceased Neelam told him that she could not get her wages and, therefore, she does not have the sum of Rs.100/- that could be given to the appellant. Thereafter the appellant told the deceased Neelam to make tea for him. The appellant, who was a smack addict, started quarrel with his wife Sudha and insisted that a sum of Rs.100/- be given by the deceased Neelam. When Sudha also told him that the deceased Neelam had no money then the appellant went into the kitchen and poured kerosene from a can on the body of the deceased Neelam and set fire with the help of a matchstick. When Neelam tried to shout and leave the kitchen, the appellant closed her mouth and held her till she could be substantially burnt and, therefore, hands of the appellant were also injured by burning. On shouting of the deceased Neelam, Priyanka (PW-1) and Sudha (PW-2) saved her by pouring water upon her. Various respected persons of the locality also visited the house. Sarpanch Devendra Sharma brought a jeep from one Lokendra and the deceased Neelam was taken to the government hospital, Guna. Dr. Yogesh Dwivedi (PW-6) examined her at the hospital at 01:10 AM in the night and gave his report Ex. P-7. She sustained 90% burn injuries and smell of kerosene was oozing from her body. Dr. Yogesh Dwivedi (PW-6) arranged for recording of dying declaration and she was admitted for treatment in the surgical ward. Executive Magistrate Santosh Kumar Mudgal (PW-11) recorded the dying declaration Ex. P-8 and same was transmitted in a sealed cover to the Chief Judicial Magistrate, Guna.

(3.) Dr. B.L. Kushwaha (PW-4) had examined the appellant Satyanarayan and gave his report Ex. P-6A. He found 10% burn injuries on his hands, forearms and near the neck. According to him, injuries of the appellant were simple in nature. During the treatment, the deceased Neelam had expired. Her dead body was referred for the postmortem. Dr. Sudhir Rathore (PW-12) performed the postmortem on her body on 13.10.2008 with a team including Dr. Aradhana Vijaywargiya and gave a report Ex. P-9. He found that she sustained 90% burn injuries on her person and due to various pus pockets developed in the wounds, she had died due to complications of burn injuries. On an information given to the police station Kotwali, Guna that the deceased Neelam was admitted with injuries, an FIR Ex. P-12 was registered at Kotwali Guna and, thereafter a regular FIR Ex. P-11 was registered at Police Station Jamner. After due investigation, the charge-sheet was filed before the JMFC, Raghaugarh, who committed the case to the Court of Session and ultimately, it was transferred to fourth Additional Sessions Judge, Guna.