YUVRAJ Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal has been preferred by the appellants Yuvraj and sumanbai aggrieved by judgment dated 29. 10. 1999 passed by Second Additional sessions Judge, Burhanpur in S. T No. 154/98. Appellant No. 1 Yuvraj has been convicted for the offence punishable under section 302 IPC and sentenced to imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine, additional RI for one year. He has also been convicted for the offence punishable under section 449 IPC and sentenced to R. I. for 5 years and fine of Rs. 10,000/-and in default of payment of fine, additional RI for one year. Appellant No. 2 has been convicted for the offence punishable under section 323 IPC and sentenced to R. I. for 3 months and fine of Rs. 1000/- and in default of payment of fine, additional imprisonment for one month.

(2.) BRIEFLY stated the prosecution case is that on 28. 11. 1997 at about 6 am suman Bai and Rekha Bai were answering the call of nature in the drainage near the house of Indu Bai, which was objected to by deceased Indu Bai. On that suman Bai, Rekha Bai and Indu Bai quarreled. Deceased Indu Bai was beaten upon and thrown in the drainage by Suman Bai. After sometime Yuvraj son of suman Bai came on the spot, deceased Indu Bai went inside the house to save herself, Yuvraj followed her, poured kerosene oil on her and set her ablaze with the help of match-stick. Indu Bai raised hue and cry, several persons assembled, her husband was not in the house, daughter was sent to summon her. She was taken to the hospital at Shahpur by her husband Bhagwat and Vijay. Dr. R. C. Dalai attended her in the hospital at Shahpur and sent intimation to concerned police station. As condition of Indu Bai was precarious, she was referred to hospital at burhanpur. She was taken to Burhanpur. On the basis of intimation entry was made in the general diary of police station Shahpur, investigation was set in, dying declaration was recorded by Kashinath Patil (PW-7), Nayab Tehsildar cum executive Magistrate. During marg investigation, the statement (P-20) was recorded by Gopi Chand, head constable of police whereas after registration of first information report, statement (P-4) under section 161 Cr. P. C. of the deceased indu Bai was recorded by Shri B. S. Sisodiya (PW-12), investigating officer. After completion of investigation accused was charge sheeted.

(3.) THE accused abjured the guilt and contended that they have been falsely implicated in the case. No quarrel took place. In all three persons were put to trial. Yuvraj and Suman Bai have been convicted as mentioned above. Aggrieved by the sentence and conviction imposed, the appeal has been preferred by Yuvraj and Suman Bai.