IN REFERENCE Vs. MAHENDRA TIWARI

JUDGEMENT

(1.) The death reference has been referred by the trial Court because the Court has awarded a sentence of death to accused/appellant Mahendra Tiwari. The appellants Pawan Tiwari, Saroj Tiwari and Mahendra Tiwari have also filed criminal appeals. All the three cases are heard together.

(2.) Deceased Priya Tiwari died after receiving burn injuries. She was taken to the nearby hospital Amanganj by her mother-in-law and other persons, from where she was referred to Katni, thereafter, to Jabalpur. Before reaching Jabalpur, she died. The mother-in-law of the deceased informed the Police Station Amanganj on 10.12.2014 that she received information from her sister-in-law (devrani) Parvati Bai that smoke was coming out from the house of her daughter-in-law, then she had reached at the house of her daughter-in-law, then she came to know that her daughter-in- law received burn injuries. Thereafter, she had taken her daughter-in-law alongwith other family members to Government Hospital, Amanganj, thereafter, to Katni and Jabalpur. Ten kilometers before Jabalpur, her daughter-in-law died. Hence, information is submitted.

(3.) The trial Court framed charges against the accused persons/appellants for commission of offences punishable under Sections 302/34 and 201 of the Indian Penal Code. The accused persons/appellants abjured their guilt and pleaded not guilty. The trial Court, after trial, has held the appellants guilty and awarded a sentence of death to the husband of the deceased/Mahendra Tiwari and life sentence to the mother- in-law of the deceased/Smt. Saroj Tiwari and the brother-in- law of the deceased i.e. younger brother of the husband of the deceased/Pavan Tiwari.