RAJESH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant, Rajesh, stands convicted under Section 304-B of the Indian Penal Code and sentenced to rigorous imprisonment for eight years by the impugned judgment dated 16.4.1993 passed in Sessions Trial No 131/1990 by the First Additional Sessions Judge, Hoshangabad.

(2.) The facts giving rise to this appeal are as under: The appellant hails from village Karanpur, District Hoshangabad. He was married to Sunanda Bai on 27.6.1989 of village Saikheda, District Narsinghpur. On 29.8.1989, sometime during afternoon, Sunanda Bai sustained burn injuries in the house of appellant. She was taken for treatment to the District Hospital, Hoshangabad. On the same day the police recorded her statement, Ex. D3, in the hospital wherein she stated that she accidentally caught fire from a stove while preparing tea and at that time her husband and in-laws were not present in the house. Sunanda Bai also stated that she had no quarrel with them. On receiving the information about the incident, mother Saroj Bai (P.W.1), brother Satish (P.W.4) and father Ram Sewak (P.W.5) also reached the hospital to attend her. Unfortunately, Sunanda Bai could not sustain the burn injuries and died in the hospital on 3.9.1989 while undergoing treatment. The police prepared a Panchayatnama dated 3.9.1989, Ex. P4, with Saroj Bai (P.W.1), Satish (P.W.4) and Ram Sewak (P.W.5) as witnesses which clearly states that they had no suspicion against anyone in relation to the death of Sunanda Bai and that she died on account of receiving burn injuries from a stove. Dr. S. N. Kataria (P.W.3), after performing the post mortem examination on the body of Sunanda Bai, in his report, Ex. P7, opined that her cause of death was shock and septicemia due to extensive burn injuries.

(3.) On 6.9.1989 Saroj Bai (P.W. 1) submitted atyped complaint at Police Station, Sohagpur, against the appellant and his parents namely, Atar Singh and Choti Bai, alleging that they treated Sunanda Bai with cruelty for demand of Luna, T.V. and Gold and set her on fire after pouring kerosene and tying her legs. The typed complaint was later registered as first information report, Ex. P2. The police, after investigation, charge sheeted the appellant and his parents named above for offences under sections 306, 302 and 304-B of the Indian Penal Code.