RADHA Vs. STATE OF M P

JUDGEMENT

(1.) INDRANI Datta, J.-This appeal has been preferred against the judgment of conviction and sentence dated 20. 8. 2001 passed by 10th Additional Sessions Judge, Gwalior in S. T. No. 239/94 by which the appellant and other co-accused Bhagirath (died during the pendency of appeal), have been convicted under Section 306 IPC and sentenced to undergo 3 years R. I.

(2.) THE case of the prosecution in brief is that deceased Ramkunwar is the mother of bhagirath and appellant Radha is daughter-in-law of deceased. Deceased, appellant radha and Bhagirath (dead) used to reside in different rooms of one house. Appellant and co-accused Bhagirath used to ill-treat, harass and beat the deceased in order to kick her out from the house and get the vacant possession of the room. On 4. 6. 1994 appellant and co-accused assaulted and gave beating to the deceased. Deceased was fed-up with all these harassment and com-mitted suicide on 5. 6. 94 at about 12. O'clock in the noon by pouring kerosene on herself. Deceased was admitted in J. A. Hospital gwalior by Babulal her son (PW7 ). Dr. V. S. Tomar (PW11) and Dr. Y K. Diwan (PW9)medically examined the deceased. Ex. P15 and P12 are their reports. PW8 Chimansingh Jadon S. I on receiving information from j. A. Hospital Gwalior reached to hospital and recorded dying declaration (Ex. P10) of deceased. Dying declaration (Ex. P/6) was also recorded at 1. 40 p. m. by PW3 Dr. Mamta Gupta. Deceased died on 7. 6. 94 in Kamla Raja Hospital. Marg no. 21/94 (Ex. Pll) was registered by PW8 chimansingh Jadon. Spot map was prepared by PW12 Ram Ujagar Singh Yadav s. I. and Katta, kerosene oil and match-box were seized as per Ex. P5 from the place of incidence. Lash Panchayatnama (Ex. P 3)was prepared. Autopsy of dead body was conducted by Dr. R. C. Upadhyay (PW10. Cause of death was found to be burning. Ex. P14 is post-mortem report. S. I. Ram ujagar Singh Yadav lodged Ex. P16 FIR after marg intimation. After investigation, charge-sheet was filed in the court of Chief judicial Magistrate, Gwalior, from where the case was committed to the Court of Sessions.

(3.) APPELLANT and other co-accused were charged for committing offence punishable under Section 306 IPC and after conclusion of trial the learned 10th AS J convicted the appellant and co-accused under Section 306 ipc and sentenced them as stated above, hence this appeal.