(1.) APPELLANT Radharani, mother-in-law of the deceased Laxmi bai being aggrieved by the judgment dated 2. 12. 2008 passed in S. T. No. 320/2006 by the learned 2nd Additional Sessions Judge, Sagar convicting the appellant under Section 302 IPC sentencing her to undergo RI for life and to pay fine of Rs. 1,000/-, in default of payment of fine to undergo one year RI, has filed this appeal.
(2.) THE Prosecution allegations in short are that on 26. 7. 2005 at about 4. 00 p. m. at village Gangwara accused Radharani, Pramod and dibbu @ Devendra both son of Radharani and Nitu daughter of radharani misbehaved with the deceased treated her with cruelty and after pouring kerosene upon the deceased, set her on fire. After the deceased suffered injuries she was shifted to the hospital where she was treated, proper medication was given and thereafter her dying declaration was recorded by Naib Tahsildar Smt. Vandana Parte (P. W. 15 ). After the death of the deceased post-mortem was conducted and it was recorded by the doctor that death was due to extensive burn injuries. After completing the investigation and collecting the material evidence against the accused persons prosecution thought fit to prosecute Pravod, Dibbu @ Devendra and radharani, however Nitu daughter of Radharani was not tried.
(3.) AFTER completing the trial the Court below was pleased to acquit Pramod and Dibbu @ Devendra, but however convicted the appellant Radharani holding that she had authored the crime.