HARI CHUNNILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has been convicted under section 302 of the Indian Penal Code and sentenced to imprisonment for life for having caused death of deceased Kanchhedilal by pouring kerosene oil and setting fire to his body.

(2.) THE prosecution case is that on 8.11 -1974 at about 10 A. M. in village Rehda when deceased Kanchhedilal had returned back to his house for his meals after grazing his cattle in the forest, Ghanshyam, son of the appellant, abused him whereupon Kanchhedilal had slapped him and Ghanshyam had gone away weeping to his house, which is just opposite to the house of the deceased. Thereafter the appellant, his wife Mst. Vipatabai and his mother Mst. Phuliyabai came there and the appellant assaulted Kanchhedilal with shoes and Phuliyabai and Vipatabai caught the deceased, the appellant poured kerosene oil on the deceased and set fire to his body. Hearing his cries, his brother Mishrilal (P.W. 1), his cousing Lakhan (P.W. 2) and his mother Dhapubai (P.W. 5) rushed there. Mishrilal and Lakhan extinguished the fire by pouring water on the deceased and it is said that some ink was applied on the burnt portion by Mishrilal on the request of the deceased. Sometime thereafter Mangalsingh (P.W. 4) father of the deceased, and Kunjilal (P.W. 3) came there. In the presence of these witnesses, the deceased disclosed that the appellant had poured kerosene oil over his body and had set fire. The deceased was then taken in a bullock cart to police station Siwni -Malwa and he lodged First Information Report Ex. P. 15 at 6.10 P.M., the police station was at a distance of 10 miles from the place of incident. At 6. 45 P.M. the deceased was examined by Dr. Abdelibea (P.W. 11). As he found that the general condition of the patient was weak, he was very restless due to burning pain, his pulse was not perceptible, he informed the police to record his dying declaration The dying declaration Ex P. 9 was then recorded by Naib -Tahsildar S.N. Sharma (P.W. 12) at 8.30 P.M. Dr. Abdelibea certified that the patient was fully conscious while his statement was recorded. The deceased was then shifted to the District Hospital Hoshangabad on 9 - 11 -1974 at about 10.45 A.M. and he was admitted as indoor patient by Dr. Raha (P.W. 9). The deceased expired on 3 -12 -1974. Post -mortem examination was done by Dr. Vishwarup (P.W. 18) and he certified that the burns were sufficient in the ordinary course of nature to cause death. The appellant, his wife and mother were prosecuted for the offence of murder with the aid of section 34, Indian Penal Code. The accused persons abjured their guilt and contended that they have been falsely implicated. According to them, the deceased Kanchhedilal was a boy of unsound mind and be used to lodge false reports in the police station.

(3.) THE findings of the Additional Sessions Judge are assailed by the appellant and submitted that no conviction can be based on the dying declarations because (i) the three dying declarations are discrepant in material particulars (ii) it has been found that the deceased was tutored before the F.I. R Ex. P. 15 was lodged and (iii) in the absence of corroboration it is not safe to convict the appellant. It is also submitted that the medical evidence does not show that the death was caused as a result of the burns. Lastly it is submitted that the deceased was insane and not much credence could be given to his dying declarations. The State on the other hand supported the conviction and sentence passed against the appellant and further submitted that the Additional Sessions Judge was in error in rejecting the oral evidence of the eye witnesses on flimsy and untenable grounds.