HANUMAN GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal filed under Section 374 of the Code of Criminal Procedure, 1973 (in short "Cr.P.C.") is directed against the judgment of conviction under Section 302 of IPC and order of sentence of rigorous imprisonment for life with fine of Rs.100/- in default.

(2.) Story of prosecution is that on 05.11.2008, the son of deceased Tijiya Bai, namely, Gyanchandra Gupta lodged a report in Police Station at around 22.30 p.m. that her mother died because of burn injuries. The body of deceased was recovered and was sent for postmortem. The doctor prepared the postmortem report and stated that the reason of death is Cardio Respiratory Failure as a result of Mechanical Obstruction in the air passage i.e. "Asphyxia". After that the body was exposed to "great-heat" hence it got Cooked so the burn is "postmortem in nature". As per postmortem report, the death is homicidal in nature. As per the case set up by the prosecution, the body of deceased was found in a room which could be approached from the room of appellant-Hanuman Gupta. The son of deceased Dulichandra and his wife Smt. Manju Gupta and family members-Gyanchandra Gupta and Satyawati Gupta informed the Police in their statements that on 12.11.2008 at around 2.00 p.m., the appellant admitted before them that he killed Tijiya Bai by strangulating her and thereafter set her ablaze by using the kerosene kept in "chimni" (lamp) kept in the room of the deceased. The police lodged the report as Crime No.354/2008.

(3.) In turn, the appellant was arrested. The relevant material was seized by the seizure memo Ex.P/2. The death intimation Ex.P/4, the inquiry notice Ex.P/5, the spot map Ex.P/6 were prepared. The statement of Dulichandra Gupta, Gyanchandra Gupta and Satyawati were recorded. In due course, challan was filed before the Chief Judicial Magistrate. The matter was committed for trial before the Sessions Court.