SUDAMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of Criminal Procedure has been preferred by the appellants being aggrieved by the judgment, finding and sentence dated 23/8/2007 passed by the Sessions Judge, Damoh in S. T. No. 34/2007, whereby appellants have been convicted under Section 302 read with Section 34 of Indian Penal Code and sentenced for life imprisonment with fine of Rs. 5,000/-each, in default of payment of fine, additional R. I. for three months.

(2.) THE prosecution case in short is that on 09. 12. 2006 on some domestic quarrel Sudama caused marpeet to Rajpyari. She reported the matter to the police. Sudama was arrested and thereafter he was released on bail. On 12. 12. 2006, Rajpyari was collecting the cow dung in the cattle shed. Her son Nanhe Bhai was at home and her husband Paramlal was going towards the village. On hearing the cries, Paramlal and Nanhe Bhai reached on the spot and saw that Halli Bai poured kerosene over the body of Rajpyari and Sudama ignited the match stick and set her on fire. She sustained the injuries. She was carried to Civil Hospital Damoh where her dying declaration Ex. P-7 was recorded and she was referred to Medical College, Jabalpur. After inquiry, the offence under Sections 307 and 120-B/34 of I. P. C. was registered at police station Nohta on 06. 01. 2007 against the appellants. Spot map was prepared. Country soil, kerosene stained earth, piece of burnt dhoti, match box etc were seized from the spot. She got discharged from Medical Hospital, Jabalpur but later on her condition became serious, therefore, she was again admitted in Civil Hospital, Damoh on 02. 01. 2007. Marg intimation was recorded. Panchnama of dead body was prepared. Her dead body was sent for postmortem examination which was conducted by Dr. Rakesh Rai. According to his opinion, the cause of death was septicemia shock due to extensive burns (multiple ulcers ). Duration within 12 to 24 hours of the examination. On the basis of postmortem report, the offence under Section 302 I. P. C. was added. Seized articles were sent to F. S. L. Sagar from where the report received. Accordingly the presence of kerosene was found on item Nos. A, C, E, F and G. After completing the usual investigation, charge sheet was filed in the court of C. J. M. , Damoh who committed this case to the Sessions Court for trial.

(3.) THE accused persons were charged under Section 302 read with Section 34 of IPC. They denied the guilt and claimed to be tried mainly contending that they are innocent and have been falsely implicated. Prosecution examined as many as 12 witnesses and placed the documents Exhibit P-1 to P-20 on record and accused persons also examined two witnesses in their defence. After appreciating the evidence, trial Court found the appellants guilty under the above mentioned offences and sentenced thereto as stated hereinabove in para 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellants on the grounds mentioned in the memo of appeal.