GEETA BAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant, aged 95 years, now and suffering from actue ill-health, has questioned the validity of her conviction under Sections 498-A and 302 of the Indian Penal Code and sentences of one yearTs rigorous imprisonment and of life imprisonment respectively there under as recorded by the First AddI. Sessions Judge, Dhar in Sessions Trial No. 263/88 on 26th June, 1991.

(2.) Briefly stated the case of the prosecution is that the deceased Gyarsibai was cooking food at 9.00 A.M. on 15.04.1988 in matrimonial home when the appellant, grandmother-in-law poured kerosene oil on her body from behind and lit fire. The deceased fleed from home to GALl when witnesses extinguished the fire and brought her to the Hospital at Dharmpuri. Written report was recorded in Roznamcha No. 447. The case was registered at Police Station Dharampuri at Crime No. 58/88 under Section 307/34 of the Indian Penal Code. Gyarsibai succumbed to the burn injuries. The case was converted to Section 302/34 of the Indian Penal Code which was initially registered under Section 307/34 of the Indian Penal Code against the appellant, Ratansingh and Lal Singh Investigation was completed and challan was filed. The case was committed for trial to the Court of Session. The Sessions Court framed charges under Section 498-A and 302/34 of the Indian Penal Code in which the appellant and the two co-accusedT pleaded not guilty. The evidence was then recorded. On evaluation of the evidence, the Session Court committed two co-accused but convicted and sentenced the appellant as noted above. Dissatisfied, the appellant has filed this appeal under Section 374 of the Code of Criminal Procedure

(3.) By order dated 4.7.1991, this Court had directed that the execution of sentences shall remain suspended and that the appellant shall be released on furnishing bail-bonds and surety of the specified amount. The appellant is, thus, on bail.