RAMKALI BAI Vs. STATE OF MP

JUDGEMENT

(1.) THE accused-appellant has preferred the instant appeal aggrieved by judgment dated 16th August, 1999 delivered by the Court of Second Additional Sessions Judge, Burhanpur, in S.T. No. 183/98 thereby convicting the appellant for commission of offence u/s 498A of the IPC and sentencing her for two years S.I. and fine of Rs. 1,000/-, in default of payment to fine to undergo further simple imprisonment for two months. Appellant has been acquitted of commission of offence under section 306 IPC.

(2.) THE prosecution case, in brief, is that on 19.6.1998 accused Ramkalibai had abused the deceased Rakhibai due to which she poured kerosene oil on herself and committed suicide. Her dying declaration was recorded by doctor as well as by Naib Tahsildar in Nepanagar Hospital. Rakhibai died due to burn injuries on 20th June, 1998. Offence under section 306 IPC was registered. The accused was charge sheeted.

(3.) THE prosecution has produced two dying declarations (P-2) recorded by Dr. Madhuri Khare (PW 1) and (PW 3) recorded by K.M. Patii (PW 11), Naib Tahsildar. The appellant has been acquitted of the commission of offence under section 306 IPC. The trial Court has found that it was an accidental burn injuries in paras 12 and 13 of the judgment. It was not a case of commission of suicide, however, the appellant has been convicted for commission of offence under section 498A IPC, aggrieved thereby the instant appeal has been preferred.