LAKHAN SINGH RAJPOOT Vs. SATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) Cr. P. C. has been preferred by the appellants being aggrieved by the judgment, finding and sentence dated 21. 02. 2000 passed by the Additional Sessions Judge, Gadarwara, District narsinghpur in Sessions Trial No. 74/99 whereby the appellants have been convicted under Section 498-A and 304-B of I. P. C. and sentenced to 3 years R. I. and to pay a fine of Rs. 500/-, in default of payment of fine to undergo R. I. for 3 months and R,i. for 10 years and to pay a fine of Rs. 500/-, in default of payment of fine to undergo R. I. for 3 months respectively. Appellant No. 4 Shashi Bai Rajpoot @ Guddi has also been convicted under Section 302 I. P. C. and sentenced to R. I. for life and pay a fine of Rs. 500/-, in default of payment of fine to undergo R. I. for 3*months. The jail sentences to run concurrently.

(2.) THE brief facts of the case in short are that Dhanwanti Bai lodged Dehati nalish on 3rd March, 1999 to the effect that she was married with Manoj Kumar rajpoot. Her husband, father-in-law, brother-in-law and sister-in-law used to harass her on account of insufficiency of dowry articles. On 2nd March, 1999 at about 12 noon her husband came after consuming liquor. Some quarrel took place in between Dhanwanti Bai, her husband and sister-in-law Shashi Bai Rajpoot @ guddi. At night she was sleeping in her room. There was light of the electric bulb. At about 1. 30-2. 00 a. m. her sister-in-law Shashi Bai Rajpoot @ Guddi came into her room, poured kerosene oil and burnt her. She made alarm. Fire was extinguished. She was admitted in Gadarwara Hospital. Crime No. 0/99 under Section 307/498-A/34 of I. P. C. was registered. Her medical examination was done. Her dying declaration Ex. P-12was recorded by Dr. T. D. Choudhary. On the next day marg was registered. She died later on. Inquest report was prepared. Panchanama of dead body was also prepared. According to the opinion of autopsy surgeon, the cause of death was shock due to burns. Offence under Section 304-B and 302 of I. P. C. were added. Map was prepared. The statements of the witnesses were recorded under Section 161 of Cr. P. C. After completing the usual investigation, charge sheet was filed in the Court of J. M. F. C. , Gadarwara who committed the case to the Sessions Court for trial.

(3.) THE appellants stood charged under Sections 498-A and 304-B, I. P. C. and appellant No. 4 was also charged under Section 302 of I. P. C. The appellants abjured the guilt and claimed to be tried mainly contending that they have been falsely implicated. Prosecution examined as many as 6 witnesses and appellants also examined 3 witnesses in their defence. After appreciating the evidence, trial court found them guilty under Section 498-A and 304-B of I. P. C. and appellant no. 4 Shashi Bai Rajpoot @ Guddi under Section 302 I. P. C. and sentenced thereto as stated hereinabove in para no. 1 of the judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.