RAJARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellants/accused-persons against the judgment and conviction dated 21stNovember, 1994, passed by VIII Sessions Judge, Jabalpur (M.P.) in S.T. No.225/1992, whereby the appellant/accused Rajaram has been convicted for commission of offence punishable under Section 302 of IPC read with Section 34 of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.1000/- and appellant/accused Radha Bai has been convicted for commission of offence punishable under Section 302 of IPC and sentenced to undergo rigorous imprisonment for life and a fine of Rs.1000/- with default stipulation.

(2.) The case of prosecution in brief is that deceased Smt. Rukmani Bai was living with her husband, the appellant Rajaram in Jabalpur. Rajaram had illicit relations with appellant No.2 Radha Bai and he had kept her as his keep (concubine). There was frequent quarrel between the deceased and appellants due to illicit relationships of Rajaram and Radha Bai. It is alleged that on 08.11.1991 at around 5 O'clock in the morning Rajaram and Rukmani Bai were present in the house, appellant Radha Bai came there and asked Rukmani Bai to prepare tea. When Rukmani Bai was preparing tea in a stove, appellant Radha Bai poured kerosene oil on her and set her ablaze. Appellant Rajaram also aided her in commission of offence. Hearing the cry of Rukmani Bai, the neighbours arrived at the house and doused the fire. Rukmani Bai was brought to Victoria Hospital Jabalpur, for treatment. Doctor intimated the police about the incident. P.C. Mishra, ASI, Police Station Omti, visited the hospital and after seeing the condition of Rukmani Bai, informed SDO for recording of dying declaration. The Sub Divisional Officer recorded the dying declaration. Later on, Rukmani Bai expired at around 3:15 p.m. in the afternoon during treatment. Police recorded FIR Ex.P-10 and Marg Intimation and conducted the inquest. The Panchnama of dead body was prepared and body was sent for postmortem. During investigation, spot map was prepared and a kerosene stove, a plastic container of kerosene and burnt clothes were seized from the scene of occurrence. The scientific officer FSL Mobile Unit has also visited the scene of occurrence and prepared spot inspection report Ex.P-8. The statements of witnesses were recorded and after completion of investigation, the charge sheet has been filed before the Court.

(3.) The trial Court has framed the charge of offence punishable under Section 302 and 302/34 of IPC, the appellants abjured guilt and pleaded innocence. The prosecution has examined 15 witnesses whereas appellants has not given any evidence in their defence.