STATE OF M P Vs. MUNSHILAL NIRBHAY SINGH

JUDGEMENT

(1.) THE judgment of absolvitur passed by learned Trial Court acquitting respondents from charge punishable under Section 302 of IPC, the State of madhya Pradesh after obtaining leave to file appeal has filed this appeal.

(2.) IN brief the case of the prosecution is that Urmila Bai (hereinafter referred to as the deceased) along with her husband hariram was residing at Tyonda Road at basoda. The respondents were also residing with their son Hariram and the deceased. As per the case of the prosecution, the respondents were maltreating the deceased. On 24-6-1994 the deceased was in her house, at that juncture, respondents after pouring kerosene, set her on fire. It is said that the deceased was brought in the hospital in injured condition at 4 p. m. by her husband Hariram, Ramkamal Singh and amrit Singh where she was examined by Dr. Pradeep Jain who also informed to police. The investigating agency managed to get the dying declaration of the deceased recorded by Tehsildar R. D. Shrivastava. A Dehati nalishi was also recorded in which she narrated that her mother-in-law Kapoori Bai and father-in-law Munshilal as well as nanad were maltreating her. In Dehati nalishi she has stated that her mother-in-law Kapoori Bai and father-in-law Munshilal as well as Nanad after pouring the kerosene, set her on fire.

(3.) ON account of receiving burn injuries the deceased could not survive and ulti-mately succumbed to those injuries.