MITHLA BAI Vs. STATE OF M P

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 9-10-2004 passed by learned 4th Additional Sessions Judge, Katni (Fast track Court) in Sessions Trial No. 92/2004, convicting the appellant under section 302, IPC and sentencing her to suffer imprisonment of life and to pay a fine of Rs. 1,000/-, in default of payment of fine, rigorous imprisonment of six months, the accused-appellant has preferred this appeal under Section 374 (2)of the Code of Criminal Procedure, 1973.

(2.) IN brief the case of prosecution is that at about 8-9 a. m. on 11-4-2004 Laxmibai (hereinafter referred to as 'the deceased') was in her room at that juncture accused-appellant, who is her sister-in-law (Devrani) came there and poured kerosene on her and lit the fire. It is said that the incident occurred because a day earlier, in the night some altercation took place between the deceased and the appellant on the issue of electric cable. The deceased was transmitted to the District Hospital at Katni from where an information was sent to the concerning police station, as a result of which Head Constable Suresh jharia (P. W. 8) arrived in the hospital and recorded dying declaration of the deceased. After sometime deceased breathed her last and information in regard to her death was sent to the police station, on the basis of which Merg intimation was recorded.

(3.) THE investigating agency on receiving the information about the death of the deceased arrived in the hospital; prepared panchayatnama of the dead body, sent the dead body for post-mortem; prepared spot map; seized necessary articles; recorded the statement of the witnesses; arrested the accused and after completing the investigation submitted a charge-sheet in the competent Court, which on its turn committed the case to the Court of Session from where the case was received by the Trial Court for its trial.