BANE SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed the present appeal against judgment dated 21.10.1999 passed by the Sessions Judge, Indore in S.T. No.318/1997, by which he has been convicted under Section 306 and sentenced for 5 years RI with fine of Rs.500/- and in default of non-payment of fine amount, 1 month RI.

(2.) Prosecution case set into the motion after registration of an FIR against Bane Singh, S/o Devi Singh and Teju Bai W/o Devi Singh ( now dead )under Section 306 of IPC on 27.12.1996 in Police Station, Sanwer on account of death of Ramkanya. That, PW4 - Kailash (brother of deceased Ramkanya) lodged the FIR (Exhibit P/7) against both the accused persons that his sister got married with Ramratan and after two years of marriage, he left her and thereafter, he got her married with Bane Singh (by way of Natra) 7 years back. He alleged that his sister has committed suicide by setting herself into fire and died due to burn injuries. The accused persons used to harass her as she lost Rs.200/-, therefore, she committed suicide by setting herself into the fire. On an information, a merg was registered as Merg No.54/96 (Exhibit P/8). The dead body of Ramkanya was recovered by Exhibit P/9 and sent for the postmortem. A spot map was prepared by Exhibit P/10. One stove, cloth, match box were recovered from the spot by way of Seizure memo (Exhibit P/11). Accused persons were arrested on 29.12.1996 by Exhibit P/12 and P/13. The postmortem report was prepared by Exhibit P/2 by Dr. Ramkant Pancholi, in which, cause of death was shock due to extensive burn over the body within 24 hours. The police recorded the statement of Rajesh S/o Bane Singh (from his first wife), Kailash and Smt. Doli Bai and thereafter challan was filed.

(3.) As per the FIR and prosecution story, deceased Ramkanya got married to Ramratan, Village Sasa who left her after two years. Thereafter, she was handed over to Bane Singh by way of Natra seven years back from the date of incident. Initially, he used to harass her occasionally which was ignored by the brother of deceased. But 7-8 months back, when Kailash (PW4) visited the house of Bane Singh, he noticed burn scars over the cheek of Ramkanya. On being asked, she said that while frying Poori, she got burn, but after 15 days, Bane Singh has himself admitted his wickedness that on a dispute with her wife, he burned her by a matchstick. On 27.12.1996, 8 days back when he again visited the house of her sister then Kailash has been complained that Ramkanya has misplaced Rs.200/- for which both the accused have castigated her, but Kailash has promised that he will return Rs. 200/- to him. In the intervening night of 26.12.1996 & 27.12.1996, brother of Bane Singh gave the information that Ramkanya has got burnt with flutter flame of stove and died on the spot. When Kailash saw her in the hospital, she was found burnt completely. The Police has recovered stove, a burnt Saree, broken bangles, match box etc. The accused persons have abjured their guilt. A challan was filed under Section 306 of IPC against both the accused persons. The allegations against both the accused persons are that they instigated Ramkanya to commit suicide.