BALRAM Vs. STATE OF M P

JUDGEMENT

(1.) THE appeal has been preferred by the accused-appellants aggrieved by judgment dated 19-3-1993 passed by the iind Additional Judge to the Court of sessions Judge, Rehli, District Sagar in S. T. No. 196/87 whereby convicting the appellants for commission of offence u/s. 302 r/w Section 34 of the I. P. C. and sentenced them to undergo rigorous life imprisonment. They have also been convicted for commission of offence u/s. 498-A r/w 34 of the I. P. C. and sentenced to undergo 3 years rigorous imprisonment and fine of Rs. 1000/-each and in default of payment of fine to undergo rigorous imprisonment for 3 months.

(2.) AS per the prosecution case marriage of deceased Kusum Rani was performed with balram prior to 18 years. The parental house of the deceased was situated at village damoh. After four years of marriage relationship of deceased and her husband balram became strained. She was turned out of the house. Thereafter she started living in the parental house at Damoh and filed application u/s. 125 of the Cr. P. C. which was compromised prior to 3 years. Accused balram brought back deceased Kusum Rani to his house situated at Garha Kota. Thereafter again her husband Balaram, husbands brother Khemchand, brothers wife Rajrani and husband's sister Munni started treating the deceased with cruelty. She used to be beaten. They wanted to get vacated the room in which deceased was residing along with her daughter Vaijanti (PW-1 ). A day prior to the date of incident on 17-2-1987 deceased wrote a letter (Ex. P/1) to his brother Balram Prasad.

(3.) ON 18-2-1987 accused Balaram lodged a report at Police Station Garha Kota that the deceased was preparing tea on the stove, due to burst of stove deceased caught fire. Information was recorded at marg intimation No. 781/87. Deceased was referred for treatment to the Hospital at Garha Kota. As her condition was precarious her dying declaration was recorded by Dr. M. L. Choudha (PW-16 ). She was referred to District Hospital, Sagar. Burn injuries were to the extent of 90%. Kusum Rani succumbed to the burn injuries next day in the morning at 8. 10 hours of which intimation was given to Police Station Gopalganj, in turn, intimation was sent to Police Station Garha kota. Investigation was done. On 21-2-1987 ashok Kumar submitted a complaint to the superintendent of Police that murder of kusum Rani his sister was committed by accused persons. Thereafter statements of vaijanti, Ashok Kumar, Balram and mahendra Kumar etc. were recorded. It was found that the deceased used to be treated with cruelty by the accused persons. She was not given food. Accused wanted to get vacated the accommodation in occupation of the deceased. There was yet another daughter in the lap of the deceased of six months. Accused-Khemchand used to give 250 ml. milk and sometime used not to give it. Deceased and her daughter Vaijanti used to prepare Bidi. Milk was not given on the date of incident also by Khemchand and there was a quarrel between family members as they wanted to obtain vacant possession of the room in occupation of the deceased. Accused-Balram also gave beating to the deceased. The incident of morning was witnessed by Vaijanti (PW-1 ). She went to school at about 11. 30 hours and came back at 2. 30 p. m. Food was not cooked by her mother. She was told by her mother that accused persons threatened in case room was not vacated today they would set her to fire. Thereafter without eating food vaijanti went back to the school and came back at about 5 p. m. When she was coming back she was informed on the gate of the school that her mother had caught fire. Deceased made oral dying declaration that the accused had set her ablaze. Thereafter vaijanti was threatened by accused persons not to disclose the fact to anyone else. Next day when brother of the deceased Ashok and balram came from Damoh Vaijanti narrated the aforesaid fact to them.