DEV SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 22.01.2001 passed by 4th Additional Sessions Judge, Gwalior in S.T. No. 7/1989, whereby the appellant has been convicted of offence under Sec. 498 -A of IPC and sentenced to three years rigorous imprisonment with fine of Rs. 5,000/ -, in default of payment of fine, three months rigorous imprisonment.

(2.) The facts of the case, in short, are that on 06.11.1986, the deceased Pushpa Devi was brought to the Kamlaraja Hospital, Gwalior with a history that she sustained burn injuries. Pushpa Devi was wife of the appellant Dev Sharma. Dr. Anil Kumar Litoriya (PW -7), who was working as a House Surgeon in the Female Surgeon Burn Unit, had recorded a history of the case in which the deceased told that her mother -in -law poured kerosene oil and set fire upon her, thereafter a dying declaration Ex. P -14 was recorded by Dr. Litoriya (PW -7) in presence of Yogendra Sharma, brother of the deceased and she gave the same version, which was given by her initially when she was admitted. Basanti Devi (PW -1) mother of the deceased was intimated and she came to the deceased and talked with her. Yogendra Sharma, brother of the deceased had lodged an FIR Ex. P -8 at Police Station Gwalior, thereafter, Enquiry Officer, Shri Kishan Singh Rathore, Sub -Inspector (PW -3) went to the hospital and recorded the statement of the deceased Pushpa Devi as Ex. P -13, in which she had stated that she was being harassed by her mother -in -law and sisters -in -law for various reasons. Allegations were made that she had stolen a golden ring and also she had illicit relations with so many persons and on exhortation, the appellant Dev Sharma, husband of the deceased Pushpa Devi had also assaulted her for so many times. It was stated by the deceased that her brother came to take her to house of her father but her mother -in -law did not permit to go with him. At the time of incident, mother -in -law called the deceased to her room and, thereafter poured kerosene upon her and set fire with help of matchbox thereafter the room was closed and the mother -in -law went to fetch milk, thereafter sisters -in -law opened the door and one bucket water was poured upon her. It was also mentioned in the statement that the appellant Dev Sharma had knowledge about such conspiracy. It was also mentioned that the appellant Dev Sharma got a chit forcefully written by the deceased Pushpa Devi on 05.11.1986 to show that she does not want to reside with her husband. The Police had registered a case and investigation was initiated. Ultimately the deceased died due to burn injuries. A postmortem of her body was performed by Dr. Vijay Kumar Deewan (PW -2) and gave his report Ex. P -2. According to him, the deceased Pushpa Devi died due to consequence of 85 to 90% burns caused to her. After due investigation, the charge -sheet was filed before the competent Magistrate and which was duly committed to the Court of Sessions and ultimately the case was transferred to 4th Additional Sessions Judge, Gwalior.

(3.) The appellant and his mother took a plea that the deceased Pushpa Devi was kept with comfort. She had no problem in the house of the appellant and appellant as well as his mother were not present at the time of incident. In defence, Vinod Singh Pal (DW -1) and Bhan Singh Chauhan (DW -2) were examined.