DHAMMU CHOUDHARY Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has filed this appeal against the judgment dated 21-6-2000 passed by Sessions Judge, Jabalpur in Sessions Trial No. 268/99 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to imprisonment for life.

(2.) IN short the prosecution case is that Goura Bai (deceased) was the neighbour of Dhammu Choudhary. There had been some dispute between them as Goura Bai used to dig earth from the pond situated in front of house of dhammu Choudhary. This was objected by Dhammu Choudhary. Relations between them were therefore strained. About 8-10 days before the occurrence, sons of appellant ate away the plums of Goura Bai whereupon there occurred a quarrel and Dhammu and his wife abused and intimidated Goura Bai that they would set her on fire. It is said that on 14-3-1999 at about 5 o'clock in the morning when Goura Bai went to urinate in her "badi", Dhammu Choudhary suddenly poured kerosene over her and ignited her by throwing a burning match stick, as a result, her back, chest, abdomen, hands and legs got burnt. On her raising hue and cry, her husband and son reached there and extinguished the fire. Their neighbours also reached there, to whom she narrated the occurrence. Goura Bai was admitted to Medical College, Jabalpur. In the hospital, she gave Dehati nalishi report (Exh. P- l) to police at 6. 30 p. m. She was medically examined by dr. Sandhya Nema (P. W. 11 ). On 15-3-1999 at about 11 a. m. her dying declaration was recorded by Naib Tehsildar R. K. Dhimole (P. W. 9 ). On the same day, she expired. Her body was sent for post-mortem examination. Dr. J. L. Sehgal (P. W. 2) performed the post-mortem examination and vide his report (Exh. P-4) opined that Goura Bai died of burn injuries. In Dehati Nalishi (Exh. P-1) and the dying declaration (Exh. P-8) Goura Bai stated that appellant set fire to her. After requisite investigation, charge-sheet was filed and the case was committed for trial.

(3.) DEFENCE of the accused was of denial. According to him, about 8-10 days before the occurrence, Sunita, daughter of deceased, had eloped with basant. Since he had a talk in that regard with Hallu, her husband, he was falsely implicated.