SUDAMA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 17.11.1995 passed in Sessions Trial No.303/89 by the Court of Ist Addl. Sessions Judge, Mudwara Kani. Appellant was prosecuted for commission of offence punishable under Section 302 of IPC. Trial Court held the appellant guilty for commission of offence and awarded sentence of Life.

(2.) Prosecution story, in brief is that, deceased-Malti Bai, was sister-inlaw (Nanad) of the appellant, she was living in the house of her parents. Appellant had given Rs.100/- to Malti Bai (since deceased) for treatment of her child. Appellant demanded back the aforesaid amount from the deceased, she was not able to repay the amount hence, appellant slapped her and poured kerosene and ablaze her. Dehati Nalishi (Ex-P-5) was recorded on the information of the deceased herself. Police also recorded her statement and thereafter, she was referred to Hospital where dying declaration (Ex-P-4) of the deceased was recorded. Subsequently, she was died. Police conducted investigation and filed charge-sheet. Appellant abjured her guilt and pleaded innocence. The trial Court after trial held the appellant guilty for commission of offence punishable under Section 302 of IPC and awarded a sentence of Life.

(3.) Conviction of the appellant is based on the basis of her dying declaration which was recorded by (PW-2) Executive Magistrate, Dehati Nalishi and her statement. Other prosecution witnesses including father, mother and sister-in-law Shakuntala turned hostile.