STATE OF MADHYA PRADESH Vs. PADMA AND ANOTHER

JUDGEMENT

(1.) The State of Madhya Pradesh is in appeal against the judgment dated 18.09.2000 rendered in Sessions Trial No.139/99 recording acquittal of the respondents for an offence punishable under Sections 498A, 304B IPC or in the alternate under Section 306 IPC, against whom the prosecution was launched after receiving a telephone call on 17.03.1999 at Police Station, Gwalior about immolation of Saroj w/o Keshav at her residence resulting in her death and the death of her child. Marg (Ex.P-13) was recorded. After necessary investigation the FIR (Ex.P-12) was registered. After inquest, the body was sent for post mortem whereon vide report Ex.P-7 following injuries were found:

(2.) As per Dr. J.N. Soni (PW-4), the cause of death death was due to respiratory failure as a result of burn. Viscera was preserved for chemical analysis. Scalp hair were also preserved. Duration of death was within 24 hrs since pm examination. It was further observed by the doctor that the nature of death should be decided on the basis of circumstantial and spot examination.

(3.) After necessary investigation, the prosecution filed the charge sheet wherein the respondents were made accused of offence punishable under Sections 498A, 304B IPC or in the alternative under Section 306. They abjured their guilt and pleaded innocence and that, they were falsely implicated.