NARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE apellants have filed this appeal against the judgment dated 22.2.1990 of the learned Second Additional Sessions Judge, Chhindwara, in Sessions Trial No. 34 of 1988, by which the Appellant Mst. Ramkalibai has been convicted for an offence punishable under Section 302 of the India Penal Code while the other Appellants under Section 302/34,I.P.C. and each of them has been sentenced to suffer inprisonment for life.

(2.) THE deceased Pushpabai was the wife of P.W.1 Prakash and sister of P.W.2 Sitabai. The accused Narayan and Ramkalibai are husband and wife and were, at the relevant time, living in the neighbouring house of the deceased. The prosecution case in brief, is that the deceased Pushpabai and accused Mst. Ramkalibai used to quarrel very frequently and, therefore, on 27.11.1987, the three Appellants entered into the house of the deceased Pushpabai and after pouring Kerasene oil over her, lighted a match to her resulting in her death. According to the prosecution, while accused Narayan and Dhanpat held Pushpabai, Mst. Ramkalibai poured the Kerosence oil and lighted match to her. P.W.1 Prakash, the husband of the deceased, at that time, was at the Colliery. Pushpabai was taken to the Police Station, where her report Ex.P.20 was recorded by the Station House Officer P.W.15 Santosh Mishra and her dying declaration (Ex.P.18) was recorded in the presence of the witnesses.

(3.) THE police sent a request letter Ex.P -13 for recording of her dying declaration and, accordingly, P.W.11 Shivdayal Singh, who was posted as Tahsildar, went to the hospital and recorded the dying declaration Ex.P -14 of the deceased Pushpabai. At the hospital, she was treated by P.W.4 Dr. B. Paul, but she could not be saved and she ultimately succumbed to the burn injuries on 30.11.1987. On receiving information about her death vide Ex.P -3, a marg Ex.P -10 was registered by P.W.10 J.M. Koshta, S.I. and inquest report Ex.P -12 was prepared. The body was forwarded for postmortem examination, where P.W.5 Dr. Yugal Kishore Singh Thakur performed autopsy on the body of Pushpabai and gave his report Ex.P -5. The doctor found ante -mortem superficial burns on the whole of the face, the neck, the chest, the abdomen, the back, upper limbs, gluteal region, both thighs and both legs. Thus, the entire body had received superficial burns except the feet upto the level of ankle joints. As per the opinion of P.W.5 Dr. Yugal Kishore Singh Thakur, her death was on account of shock due to the extensive superficial burns.