INDU BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant has preferred this appeal challenging her conviction and order of sentence passed by Special Judge, Chhindwara in Special Case No.79/06, decided on 21.8.07.

(2.) Appellant has been convicted under Section 302 of IPC for committing murder of Asha Bai (deceased) and sentenced to life imprisonment with fine of Rs.5,000/- by the impugned judgment.

(3.) According to prosecution, on 12.9.06 at village Jobnikhapa about 4 'O'clock in the evening appellant Indu Bai quarrelled with deceased Asha Bai (hereinafter referred to as 'deceased'), a member of Scheduled Tribe, over a sum of Rs.400/- alleging that deceased had stolen her four hundred rupees and poured kerosene oil over her body and set her ablaze. Deceased was taken to Sausar Hospital in burnt condition by her husband Aman, when he came back to house. The Police was informed by the hospital authorities and dying declaration of Asha Bai was recorded at Sausar Hospital by the Executive Magistrate. Deceased, however, succumbed to her burn injuries in the hospital at 8.40 P.M. on the same day. The intimation of her death was sent to the Police, whereupon merg intimation was recorded at Police Station, Sausar and merg inquest was made. The dead body of deceased was sent postmortem examination. A plastic can of kerosene oil, matchbox and burnt matchsticks as well as earth having smell of kerosene oil and broken pieces of bangles and burnt pieces of sari were seized from the spot. After merg inquiry, an offence was registered against the appellant and was investigated. After due investigation, appellant was prosecuted under Section 302 of IPC and 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'Act') and was put to trial. Appellant abjured the guilt and pleaded false implication.