BASANT KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant No. 1 Basant Kumar and appellant No. 2 Meena Kumari have been convicted under section 306 IPC and sentenced to ten years' rigorous imprisonment while the appellant No. 2 Ladki Bai has been convicted under section 306, IPC and sentenced to ten years' simple imprisonment by the Additional Sessions Judge, Sehore, in Sessions Trial No. 10/82, decided on 23.11.1984.

(2.) THE prosecution case is that Smt. Ushabai was married to Basant Kumar four years prior to the date of incident. They had a son. The appellant No.2, Ladki Bai is the maternal grandmother of Basant Kumar while the appellant No.3 Meena Kumari is the sister of Basant Kumar. Appellant No.1 Basant Kumar had written some letters to his father -in -law which are Exs.P.1 and P.2 in this case. On 7.10.80 in between 12.00 a.m. and 1.00 p.m. Ushabai sustained burn injuries in the house of the appellant Basant Kumar. She later on died in Hamidiya Hospital, Bhopal, the same day. Ushabai had gone to her parent's about a month or two prior to the date of incident and had shown the injuries on her person to her pare9ts. She was sent back to her husband's house about 15 days, prior to the incident. Om Prakash Gupta (PW -6), Said Khan Police Constable (PW -7) and Udaiveer Singh Head Constable (PW -11) saw the deceased Ushabai burning. At that time, appellants Ladki Bai and Meena Kumari were also witnessing Ushabai in fire. It is also suggested that some cloth to extinguish the fire was demanded by them, but they declined to give. She was rushed to the Hamidiya Hospital, Bhopal where she breathed her last. Appellant Basant, Kumar wrote Ex.P.2 a letter to his father -in -law Jagannath (PW -1). Dr. Heeresh Chand (PW -12) conducted the post -mortem (Ex.P.5) and opined that Ushabai did not die because of some accident, but the matter required investigation. First information report (Ex.P.11) dated 28.1.81 was recorded by B.S. Dube.

(3.) THE trial Court has relied the following circumstances for holding the appellants guilty: