KADWA & ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure has been filed by the appellants/accused challenging the judgment dated 12.4.2007 passed by the Third Additional Sessions Judge (Fast Track), Khandwa in ST No. 272/2005 convicting them for the charge under Section 302/34 and 449 of the Indian Penal Code (in short 'IPC') and sentencing them to undergo imprisonment for life for the charge under Section 302/34 of IPC and rigorous imprisonment for ten years for the charge under Section 449 of IPC and to pay fine of Rs.200/- each for each offence with default stipulation. The sentences are directed to run concurrently.

(2.) As appellant No.1 Kadwa son of Bapu Bheel died on 15.2013, however, this appeal so far as it relates to him stands dismissed as abated. Thus, with respect to appellant No.2 Basubai and No.3 Mamta, it is heard on merit and decided by this judgment.

(3.) The prosecution story, as alleged, is that on 26.8.2005 at about 10-11 O'clock in the day, appellants Kadwa, Basubai and Mamta were beating deceased Seemabai in front of her house at village Bakhatgarh. When Banarasbai (PW-2) went to save the deceased, appellants threatened her to go away then she went back to her home. At about 1 O'clock, when Banaras Bai (PW-2) came back after taking bath from river, she heard the hue and cry, however, came out of her house and saw that the accused persons were running from the house of deceased. When she reached at the place of scene, she saw that Seema Bai was set ablaze. Her Jeth Gajraj Singh rushed to the spot and put a Godri on the body of Seema bai and sprinkled the water to extinguish the fire. Thereafter, deceased got unconscious. Husband of deceased and Jeth took deceased to Badwah Hospital for treatment, after primary treatment she was referred to M.Y. Hospital, Indore. As the proper treatment was not offered in the M.Y. Hospital, however, she was shifted to Arvindo Hospital, Indore where in the alleged dying declaration, deceased told that accused Kadwa poured kerosene on her and accused Mamta lit the match and thereafter all the three accused ran away. Some other persons also reached on the spot. During treatment at Arvindo Hospital Seemabai died. The information Ex. P/18 regarding burn of the deceased was given by the Civil Hospital Badwah. Thereafter, the information about the said incident was sent to Mandhata Police Station by wireless at about 9.00 pm. After receiving the information regarding the incident, Investigating Officer Narendra Singh Bhadoriya (PW-8) reached on the place of incident at Bakhatgarh on the same day in the evening, but he came back as no one was present in village. At Indore in Arvindo Hospital the statement of deceased was recorded on 29.8.2005 by Narendra Singh Bhadoriya (PW-8) in presence of Prem Bai which is treated as her dying declaration. On 30.8.2005, initially the offence under Section 307/34 was registered against the accused persons at Crime No. 156/2005 vide FIR Ex. P/10, but when Seemabai died on 2.9.2005, the offence under Section 302 of IPC was added. The investigation officer prepared the spot map Ex. P/11 and vide Ex. P/12 seized plastic cane and a bottle of Lal Dant Manjan. The seizure of Godri, sari, petticoat, blouse, broken bangles and match box were also made vide Ex. P/1 Thereafter, the statements of PW-1 Sundarlal, PW-2 Banaras Bai and PW-3 Asharam were recorded. Statements of various other persons were also recorded by the SHO Police Station Mandhata. Thereafter, seized articles were sent for FSL examination. The postmortem was conducted by Dr. Ravindra Choudhary PW-1 As per postmortem report, the deceased died due to asphyxia and the cause of death was cardio-respiratory failure due to burn and its complications.