RAJANTABAI S PARIHAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has challenged the impugned judgment of conviction under S. 302 of the Indian Penal Code and sentence of imprisonment for life passed by the learned Sessions Judge, Dewas in Sessions Trial No. 217/97 by judgment dated 31-3-1998.

(2.) In short, the prosecution case as narrated before the trial Court is that the de- ceased-Ashabai was married to P.W. 1 Bharat, step son of appellant in the year 1993. For one year after the marriage the appellant behaved properly with the deceased and thereafter used to quarrel and abuse her filthily and also to beat her. Whenever deceased-Ashabai was visiting the house of her parents, she was disclosing all these facts to her mother. Before her death, the deceased lived for 17 days with her mother and returned back to her husband's house on persuation by P.W. 3 mother Shakuntala on the eve of MATA POOJAN festival. The appellant is the step mother- in-law of the deceased. On the date of incident (10-10-1997) in the morning at about 7.30 a.m., a dispute arose amongst the appellant and the deceased-Ashabai which attracted the husband of the deceas'ed, P.W. 1 Bharat who asked as to why they were quarrelling, upon which the appellant started quarrelling with him also. P.W. 1 Bharat went out of the house and after some time over heard the cry coming from the house. He returned to the house and saw that his wife Asha was running in burnt condition. He extinguished the fire and took her immediately to the District Hospital, Dewas. From the hospital, a writen intimation was sent in this regard to the Police Station Kotwali Dewas. Head Constable Poonamchand conveyed the message on telephone to the police of Police Station Industrial Area. Dewas where the message was recorded at Daily Diary No. 517 dated 10- 10-1997 at 8.40 p.m. Asha was got medically examined by the police through medical requisition Ex. P/5-A. The police also requested in writing for recording of the dying declaration of the deceased. Carbon copy Ex. P/4 was filed with the charge-sheet. (In para 4 of the impugned judgment, at internal page No. 3 this fact has been incorrectly written by the learned trial Court. Ex. P/4 is not the carbon copy, but it is photo stat copy). During investigation, police prepared the spot map Ex. P/7 and effected seizure of kerosene container through seizure memo Ex. P/8. Police Industrial Area, Dewas registered Crime No. 457/97 under S.307 of the I.P.C. (Again, in para 4, the learned trial Court has incorrectly mentioned that after MURG enquiry, crime was registered under S. 307, I.P.C. MURG/Inquest Enquiry means the person concerned had died. In the instant case, at the time of registration of crime, Ashabai did not die and, therefore, offence was registered only under S. 307, I.P.C.). The deceased was shifted for treatment to Indore. The deceased also disclosed about setting her to fire after pouring kerosene oil by the appellant, to her mother. The deceased died in the M.Y. Hospital, Indore on 16-10-1997. After her death, inquest proceedings were conducted by the police and sent the seized articles for examination to the Forensic Science Laboratory. After necessary investigation, the appellant was charge-sheeted for having committed the offence of murder punishable under S. 302 of the Indian Penal Code. She denied the charges and contended before the trial Court that she was falsely implicated because of ill-will.

(3.) We have heard learned counsel for the parties and perused the entire record carefully.