HEERALAL MOOLCHAND KACHHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BOTH the aforesaid two appeals one (Cri. A. No. 1244/98) preferred through Jail and another (Cri. Appeal no. 1425/1998) filed through private Advocate under Section 374 of the Code of Criminal Procedure, therefore, they are being decided and disposed of by this common judgment.

(2.) BY these appeals, the appellants have challenged their conviction under Section 302 of the Indian Penal Code and consequently sentence of imprisonment for life and fine of Rs. 500/-, in default of payment of fine, to suffer additional R. I. for one month each passed by the learned Additional Sessions Judge, Narsinghgarh District Rajgarh biaora on 5-10-1987 in Sessions Trial No. 157/97.

(3.) ACCORDING to the prosecution case, four years back from the date of incident, P. W. 7 radhabai was married with one Poonam resident of village Gadiya. As she was abandoned by her husband, she started living with her parents. Seven to eight months prior to the date of incident i. e. 3-7-1997 she was kept as wife by Pappu Kachhi (since deceased) and was living in Sanjay Nagar, narsinghgarh and thereafter, she came to live in village Thavariya. Thereafter, on account of strained relations between radhabai and Pappu, she came to live with her sister Soni Bai. On 3-7-1997 in the night at 8. 00 p. m. Pappu came to take his wife radhabai to the house of Bhanwarlal where radhabai and the appellants met him. The appellants caught the deceased and bhandarlal poured kerosene oil on the person of the deceased and lit fire. Pappu while crying Bachao Bachao started running from there on road. People of locality thrown water and extinguished the fire. On receiving information by Sub-Inspector of P. S. Narsinghgarh Shri R. K. Tiwari (P. W. 10)reached on the spot and took Pappu to Civil hospital, Narsinghgrh, where he recorded dehati nalishi Ex. P. 6, on the basis of which first Information Report Ex. P/13 was also recorded. Dying Declaration. Ex. P/3 was recorded by Executive Magistrate Shri P. K. Shrivastava (P. W. 13) in presence of Dr. P. W. Sathe. Dr. Sathe referred the deceased to district Hospital, Rajgarh where Pappu breathed his last on 3-7-2007 at 4. 00 p. m. Dr. Banjare (P. W. 14) conducted autopsy on the body of the deceased and found 95 per cent burn. The post-mortem examination report is Ex. P/12. After due investigation, charge-sheet was filed against the appellants for the aforementioned offence.