DINESH SHAMBHU SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has been convicted under section 302 of the Indian Penal Code for committing murder of his wife anita @ Sukbariya by setting her ablaze and has been sentenced to imprisonment for life and a fine of Rs. 5,000/-, with default stipulation.

(2.) SUCCINCTLY put the prosecution case is that Anita was married to the appellant 6-7 years ago prior to the date of incident. After marriage behaviour of appellant and his family members was not congenial with her. On the 9th night intervening and 10th of May, 1994, Anita suffered burn injuries in the house of her husband. She was taken to Gandhi Medical Hospital, Rewa, in the morning of 10th May, 1994. On 11-5-1994 Dr. Deepak sharan Kapoor (PW-12) sent a written intimation (Ex. P/11) to police outpost of Gandhi Medical College, Rewa, with a request that arrangement be made for recording her dying declaration. Shri Rajeev Shrivastava, Naib tahsildar (PW-11) went to Gandhi Medical College, Rewa, on 12-5-1994 at about 7. 10 P. M. and after obtaining the report of concerned doctor that Anita was fit to give her statement, recorded her dying declaration (Ex. P/10 ). In the said dying declaration Anita disclosed that she was set ablaze by her husband Dinesh. She stated that her father-in-law and sons of uncle-in-law did marpeet with her. At that time her husband was at Allahabad. When he returned from Allahabad, he also beat her. They had tried to turn her out of the house, but when she did not leave the house, she was burnt while she was asleep. At the time of occurrence hands of Dinesh also got burnt. On her screeming, her father-in-law came down to the spot and poured water on her. Her husband, his elder brother and sons of uncle-in-law carried her to hospital. On 16-51994 at about 2. 45 P. M. Anita Bai succumbed to her injuries. Intimation in this regard was sent from the hospital to the police station whereupon a marg under section 174 of the Code of Criminal Procedure was registered by Police Station " Laur. On receipt of marg intimation (Ex. P/7), Sub-Inspector Om Shankar Shukla (PW-10) recorded the first information report (Ex. P/8) on 16-5-1994. During the investigation he recorded the case diary statements Sukhlal (P. W. 1), Chandrabhan (PW-2), sumitri (PW-3) respectively the father, brother and mother of Anita Bai, besides the statements of other witnesses and after completion of investigation filed charge sheet against the appellant under section 302 of the Indian Penal Code.

(3.) DURING trial, appellant abjured his guilt and pleaded false implication. According to his statement recorded under section 313, Cr. P. C. Anita Bai had set fire to herself. He alongwith other persons had taken her to hospital. After 3-4 days when her parents came to hospital, some inimical people of his village prompted them to make allegation against him of burning Anita. It was also stated that after the occurrence Anita had remained unconscious till her death.