GEETABAI AND ORS. Vs. STATE OF MP

JUDGEMENT

(1.) Husband, mother and younger brother-in-law (Devar) of the deceased have preferred this appeal under Section 374 of Cr.P.C. against their conviction under Sections 304-B, 302, 498-A of IPC and sentence of life imprisonment under Section 302/304-B IPC with fine of Rs.5,000/- and 3 years RI under Section 498-A of IPC with fine of Rs.1000/- and in default, imprisonment of 1 year and 6 months RI respectively recorded by Additional Sessions Judge, Rajgarh, Biaora vide judgment dated 18/07/2012 delivered in Sessions Trial No.154/2010.

(2.) Admittedly, Manju @ Nandini married Ritesh on 04/05/2008. After 1 1/2 years of marriage; on 29/11/2009 at about 11 forenoon, she sustained burn injuries at her marital home and was rushed to Hamidia Hospital, Bhopal. She was later shifted to LBS Hospital, Bhopal where during treatment she died on 09/12/2009.

(3.) After sustaining burn injuries, when she (deceased) was taken to Hamidia Hospital, Bhopal, her parents, brothers, sister and other relatives also reached their. Looking to her serious condition, she was shifted to LBS Hospital, Bhopal. Dr. Pradeep Billore of LBS Hospital, informed the police. On the request of police, Naib Tehsildar - Bajrang Bahadur (D.W.1) recorded her dying declaration (Ex.D/5) on the same day i.e. 29/11/2009 at 16:05 hours. In her dying declaration, she stated that due to accidental fall of kerosene can kept above the gas stove, she caught fire and sustained injuries. On next day i.e. 30/11/2009 her second dying declaration Ex.P/21 was recorded at 22:25 hours. In this second dying declaration, she made allegation against the appellants that after pouring kerosene, her mother-in-law and 'dewar' set her ablaze. Parents, brothers, sister and other witnesses including one neighbour of the appellant Harpal Singh (P.W.9) also made certain allegations that the deceased was subjected to cruelty for non-fulfillment of demand of dowry of the appellants.