RAGHUVIRSINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant, aggrieved by his conviction under Section 302, Indian Penal Code, in Sessions Trial No. 28/1982, recorded by Shri T. N. P. Pancholi, Additional Sessions Judge, Ashoknagar, district Guna, by judgment dated 24-12-1982, has preferred the appeal He has been convicted and sentenced to imprisonment for life for having committed an offence punishable under Section 302, indian Penal Code.

(2.) SONABAI was the wife of the appellant Both had two children. Sonabai had gone to her father's place, but had not returned to her nuptial home. Hence the appellant filed an application in the Court of Sub-Divisional Magistrate, Mungaoli, on 25-6-1981 for issuance of a search warrant, in pursuance of which she was recovered and produced before the Sub-Divisional Magistrate. Admittedly, in that application the appellant had alleged that the father and brother of his wife Sonabai bad forcibly detained her in their house and had snatched her ornaments away with an ulterior planning of selling her away. On 7-11-1981 she was produced before the Sub-Divisional magistrate, Mungaoli; she stated that she had gone to her father's place willingly in the company of her brother Taxman, but now she wants to reside with her husband, the appellant. Consequently, she accompanied her husband, came to her nuptial home and soon after i. e. , on 12-11-1981, she died of burns.

(3.) ACCORDING to the prosecution, the appellant was furious with his wife, deceased Sonabai and they off and on quarrelled with each other. On 12-11-1981 the appellant is alleged to have poured kerosene oil upon the body of his wife Sonabai and set her aflame. Her clothes were burnt,she was virtually naked except a covering over her loins. She came out of her house, where she was met by Nathu Singh (PW 1), rajaram (PW. 2) and Bhagwan Singh (PW. 3 ). they naturally inquired as to what had happened, and she, in turn,one by one disclosed to them that her husband bad poured kerosene oil upon her and set her on fie. She in such a precarious condition, when came out of her house, wanted to go to the Chowkidar of the village for reporting the incident, but fell in a brook having a little water. She stayed in the cooing comfort of the little water of the brook. Meanwhile, Nathu Singh (PW I) searched for the Police, and at some distance he found Kailash Narain Sharma, Head Constable of Police (PW 6) and narrated the incident to him. He recorded Dehati Nalishi (Extp-1) and rushed to the spot, where he perceived deceased Sonabai rolling on the coolness of the water of the brook. He summoned a bullock-cart to take her to Mungaoli, situate at a distance of 18 miles, where only medical aid was available. Kailash Narain Sharma, Head Constable, by way of abundant caution, recorded her dying declaration, which is Est P-8, then , despatched her to the Civil Dispensry at Mungaoli, where Dr. H. V. Jain (PW 7)examined her. The Police along with burnt Sonabai also delivered to Dr. Jain Ext. P-9 for recording her dying declaration, but as she was, by then, completely senseless, he was unable to record her dying declaration, and that is what he has recorded in Ext. P-9-A. He by Ext. P-10 post-haste referred Sonabai to the Civil Surgeon of Guna Hospital for treatment He has given vivid description in his testimony about the burns he noted on the person of deceased Sonabai Subsequently, she breathed' her last as me evening, and dr. K. L Bandil (PW 8) was catted upon to perform the post-mortem examination on the dead body. On 14-11-1981 at 8. 30 am. he performed the post-mortem examination, which is Ext P-15. After investigation, a charge-sheet was filed against the appellant and he was tried in the Court of Session. During the trial, after the appellant examined Karodi (DW 1), Mitua (DW 2), Chhutta (DW 3) and in defence.