STATE OF MADHYA PRADESH Vs. GEETABAI

JUDGEMENT

(1.) This appeal is directed against the Judgment and Order dated 2nd June, 1990 passed by Sessions Judge, Ujjain in Sessions Trial No. 141/87 whereby the accused was acquitted of the offence under Section 302 I.P.C. in alternative 306, 201 and 498A of the I.P.C.

(2.) It is not in dispute that at the relevant time the deceased Rekhabai was living with her in laws in Badnagar. Her husband Satish Raghuwanshi was undergoing Training in Police Training School Indore. On the date of incident i.e. 28-6-86 at about 7.30 a.m. Rekhabai was burnt in the house of her in laws. She was taken to Civil Hospital Badnagar in a Hand-cart (Hath-Thela). She succumbed to injuries on that day at about 11.00 a.m.

(3.) The prosecution story in brief is that Rekhabai was married to Satish, the son of respondent in the year 1983. A daughter was born to deceased Rekhabai in February, 1986. The respondent Geetabai used to torture Rekhabai. She demanded that Rekhabai should bring 10,000/- from her father for flooring of her house and a gas connection. On 28-6-86 the deceased Rekhabai was present in the house with her mother-in-law, respondent Geetabai and her grandmother-in-law. At about 7.30 a.m. Rekhabai's grandmother-in-law shouted that Rekhabai was burning, hearing which neighbours Govind Kumar (P.W. 5), Ramvilas (P.W. 17), Milk-vendor Gagendra Singh (P.W. 18), S. K. Harne (P.W. 11), Kakim Khan (P.W. 4) went into the house of the respondent. They saw that Rekhabai was almost burnt. The grand-mother of the deceased told them that the respondent had set her to fire. Deceased Rekhabai was taken to hospital where Dr. Yashwant Shinde (P.W. 1) examined her and found almost 100% burns on her body. Deceased Rekhabai succumbed to injuries at 10.55 a.m. On the same day, the information of which was given to S.H.O. Badnagar, Govindrao Bhawar (P.W. 23) who registered merg No. 21/86. He came to hospital and prepared inquest Ex. P. 7. The body of Rekhabai was emitting smell of kerosene oil. On the letter of request by Station House Officer, Badnagar, Dr. Yashwant Shinde, Dr. T. A. Kapadiya, Dr. S. L. Mittal and Dr. S. K. Shrivastava conducted autopsy on the dead body of Rekhabai and found almost 100% burns on the dead body. They opined in post-mortem report (Ex. P. 5) that the cause of death was 100% burns leading to shock. On 29-6-86 Sub-inspector O. P. Chaturvedi (P.W. 19) visited the spot. He sealed the room of deceased in which allegedly Rekhabai was set to fire. After inspection of Forensic Science Expert, Shri Chaturvedi prepared map (Ex P. 11) of the place of incident. He seized pieces of clothes, brown paper and one electric heater vide seizure memo (Ex. P. 12). On 1-7-86 Shri Bharat Singh (P.W. 22), S.D.O. (P) registered offence under Section 302 and 201 of the I.P.C. vide crime No. 173/86. On application made by Ramchandra, father of the deceased, an offence under Section 302 I.P.C. and 306 in alternate was registered against the respondent. The pieces of clothes, brown paper and heater etc. were sent to F.S.I. Sagar for chemical examination, in the report (Ex P. 24) it was opined that the pieces of clothes had kerosene oil and the electric heater was in working condition. A letter (Ex. P. 8) written by the deceased to her parents was seized vide Ex. P. 9. After completion of the investigation the respondent was challaned. The respondent pleaded not guilty and false implication. The sessions Judge held that the prosecution could not prove the offence under Section 302, 306, 201 and 498A of the I.P.C. against the respondent and acquitted him, hence, this appeal by the prosecution.