BHAGWANDAS Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal, at the behest of appellant Bhagwandas, is directed against the judgment dated 15-3-1989, passed by VIth Additional Sessions Judge, Jabalpur in Sessions Trial No. 365/87, whereby the appellant was convicted under Section 302 of the Indian Penal Code - (for short the IPC), and was sentenced to imprisonment for life.

(2.) THE factual matrix of the case, in a narrow compass, is that one daughter Saroj was born out of the wedlock of accused Bhagwandas and his first wife, Vidya Bai. Thereafter, as Vidya Bai started living with one Ratan Singh, accused Bhagwandas brought Kusum Bai (since deceased) as his second wife. In the fateful night of 19-7-1987, when accused Bhagwandas came back to his house at about 9. 00 PM Kusum Bai at that time was busy in the kitchen, cooking meals, and Saroj was inside the room. Accused Bhagwandas, immediately on his arrival, inquired from Kusum Bai about her 'payal'. Kusum Bai, out of fun, told him that the 'payal' has been pledged by her. Enraged Bhagwandas, at once started assaulting Kusum Bai. Kusum Bai rushed out of the kitchen and came in the room. Accused Bhagwandas, following her, also came in the room and after pouring kerosene on her, torched her to fire. Kusum Bai raised hue and cry and in her anxiety to save herself, put off all her clothes. Her shrieks attracted her neighbours. Kusum Bai thereafter was taken to the Hospital, where the Doctor on duty recorded her dying declaration. Her another dying declaration was recorded by the Executive Magistrate. In the meantime, D. D. Paigwar, S. I. of Police Station Ranjhi, on getting the information about the incident, reached the Hospital and recorded 'dehati - Nalishi' on the information of Kusum Bai, on the basis of which First Information Report was registered, giving rise to the registration of a case at Crime No. 292/87 for the offences under Sections 498-A and 307 of the Indian Penal Code. Later on, Kusum Bai succumbed to her injuries and after observing the necessary formalities, her body was sent for post- mortem examination. The Autopsy Surgeon vide post-mortem report (Ex. P/14), found 95% burns on her body and in his opinion, the cause of her death was shock as a result of the extensive burns of her body. After completing the investigation, Police Ranjhi filed charge-sheet against accused Bhagwandas for the commission of the offence under Section 302 of the Indian Penal Code.

(3.) AT the trial, accused Bhagwandas abjured his guilt and pleaded false implication to the charge, framed against him, under Section 302 of the Indian Penal Code.