KUMAR SINGH THAKUR, S/O LAKSHMI SINGH THAKUR Vs. STATE OF MADHYA PRADESH THROUGH P S - AMLAI, DISTRICT - SHAHDOL

JUDGEMENT

(1.) This criminal appeal against conviction filed on behalf of the accused/appellant Kumar Singh Thakur is directed against judgment dated 08.04.2004 passed by the Court of Sessions Judge, Shahdol in Sessions Trial No.117/2003, whereby the accused Kumar Singh Thakur was convicted under Section 302 of the I.P.C. for committing murder of his wife Pammi Singh and was sentenced to undergo life imprisonment and a fine in the sum of Rs.500/-. In default of payment of fine, he was directed to undergo simple imprisonment for a further period of one month.

(2.) The prosecution case before the trial Court in brief was as hereunder: Deceased Pammi Singh had married accused Kumar Singh Thakur about 10 years before the date of the incident. They had three daughters and a son. On 13.03.2003, accused Kumar Singh Thakur had beaten deceased Pammi Singh with a stick causing injuries to her back and waist. Pammi Singh had lodged a report of the aforesaid incident in P.S.-Amlai, District- Shahdol, the same day. Subsequently, on 16.03.2003, at about 7:00 p.m., the deceased did not feel well; therefore, she was lying in her house covering herself with a shawl. At around 7.30 p.m., accused Kumar Singh Thakur returned home and asked the deceased to cook meals; whereon, the deceased expressed her inability to prepare meals on account of illness. Accused Kumar Singh Thakur started to abuse the deceased and dragged her down from the Cot. He took up a jerry can lying nearby and poured kerosene upon her. Thereafter, he lit a match-stick and set her ablaze. Pammi Singh started to burn; whereon, the accused took his children and went outside. Pammi came out and ran towards the police station screaming on her way. She was spotted by her neighbours in aforesaid condition. Since, all her clothes had burnt, she reached the police station in a naked condition. Assistant-Sub-Inspector, R.B. Pandey (PW-11) recorded the First Information Report (Ex.P/15) lodged by the deceased. She was immediately referred to Community Health Centre, Dhanpuri. At about 8.20 p.m. the same evening, duty doctor K.K. Gautam (PW-8) examined the victim. On being asked by the police, he also recorded the dying declaration of the deceased at about 11.30 p.m. At that time, she was conscious and was in a fit state of body and mind to record the same. Thereafter, the deceased was referred to District Hospital, Shahdol. Since, no Executive Magistrate was available, Dr. Mahanti (PW-7), the duty doctor was asked to record the dying declaration. Since, he had no experience of recording a dying declaration, he did not do the same. Thereafter, at about 10.45 p.m., Assistant-Sub-Inspector, R.B. Pandey (PW-11), after obtaining the certificate of fitness from the doctor, recorded her dying declaration. The deceased expired on 18.03.2003. After due investigation, the charge-sheet was filed.

(3.) The trial Court framed a charge under Section 302 of the I.P.C. against accused Kumar Singh Thakur. The accused abjured the guilt and claimed to be tried. In the examination under Section 313 of the Cr.P.C., he took the defence that at the time of the incident, his wife Pammi Singh was threatening him that she would commit suicide by setting herself afire. She also threatened that she would burn all her four children and would get the accused falsely implicated; therefore, the accused had gone to police station to lodge a report against his wife. He came back with the police to his house. He found that his wife was lying at home in an unconscious condition after suffering burns. Thereafter, the police took him and his wife to the police station. His wife regained consciousness but she was unable to speak. Next day she expired but the police has falsely implicated him in the case.