BANA BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) The appeal has been filed under section 374 (2) of the Code of Criminal Appeal by the appellants challenging the impugned judgment of conviction and order of sentence dated 27.10.2005 passed by the learned Additional Sessions Judge, Burhanpur (Presided by Smt. Premlata Bhavsar) in Sessions Trial No.221/2004, whereby the appellants have been convicted under Section 306/34 of the IPC and sentenced to undergo RI for 7 years along with fine of Rs.500/- with default stipulation as mentioned in the impugned judgment.

(2.) In brief, relevant facts of the case are that, on 12.7.2004 at about 12:30 pm in village Sagarwadi, Police Station Lalbag, District Burhanpur, deceased Bharti Bai and the appellants were gathered for filling water from the hand-pump where a quarrel took place between them, in which, the appellants used some filthy words against the deceased and said that she was a lady of bad character like prostitute and also asked to prove her good character and also provoke her to set ablaze herself. Thereafter, the deceased went to her house and poured kerosene on her and came out on the spot and set ablaze herself. Thereafter, her husband came on spot and tried to save her and took her to the hospital where her dying declaration was recorded by the doctor. Thereafter, the deceased succumbed to the burn injuries. In the police station Lalbag, Burhanpur, a merg no. 26/04 was registered and after enquiry, an FIR at crime no. 192/04 was registered on 30.7.2004. Thereafter, on completion of formalities of investigation, charge sheet was filed against the appellants for the offence under section 306/34 of the IPC.

(3.) On committal of the case, the learned Sessions Judge framed charge for the offence under section 306/34 of the IPC against the appellants but the appellants/accused abjured their guilt and on examination under Section 313 of the Cr.P.C. stated that they have been falsely implicated in the case but no evidence in defence has been adduced. However, the learned trial court by its impugned judgment convicted and sentenced the appellants as mentioned earlier. Against that, this appeal has been filed by them.