MANOHAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the accused against the judgment and order dated 26-8-1994 passed by Additional Sessions Judge. Jaora, in S.T. No. 178/93 whereby he was convicted u/s, 302 of the I.P.C. and sentenced to life imprisonment and fine of Rs. 5.000/-, in default of payment of fine two years further R.I.

(2.) The prosecution case in brief was that the deceased widow Anandibai was living in Iqubal Ganj Jaora in her parents house with her daughters Madhubala (P.W.4) aged about 18 years and Leelawati The deceaseds cousin Goverdhanlal (P.W.1) and his wife Geetabai (P.W.2) were living in the adjacent house. The deceased Anandi Bai was having illicit connection with the appellant. He wanted to remarry with her and always demanded money from her for liquor. On the date of incident i.e. 13-8-1993 the parents of the deceased had gone out and she was all alone in the house. The appellant came there at 4-5 p.m. and demanded money from her for purchasing liquor and insisted for marriage. On Anandibais refusal he poured kerosene oil on her and set her to fire and ran away from the back-door of the house. Hearing cry. Goverdhanlal and Geetabai came in her house and extinguished fire at the same time Madhubala came from the back-door who saw the appellant running from the house they took her to civil hospital Jaora. An intimation was sent to police. The Head-constable Nandlal came in the hospital. He recorded statement of the deceased and admitted her in the hospital. Dr. U.D. Katarkar (P.W.3) recorded her dying-declaration at 5.50 p.m. Yuvraj Singh Chouhan (P.W.6) S.H.O. City Jaora, recorded F.I.R. Ex. P.7 on the basis of the statement recorded by the Head-constable Nandlal. On 14-8-1993 her condition became precarious and she was shifted to District hospital Ratlam where she succumbed to her injuries. Yuvraj Singh Chouhan seized plastic can with 100 ml. kerosene oil, one empty country liquor bottle, pieces of bangles a glass smelling liquor and kerosene oil vide seizure memo Ex. P.1. He also prepared spot- map Ex. P.S. Her dead-body was sent for post-mortem examination to District Hospital. Ratlam where Dr. Deep Vyas (P.W.5) conducted autopsy on the dead-body. He found burn injuries on all over her body. He found 88% of burn injuries. Dr. Vyas opined that the cause of death was shock and septicemia. The appellant was arrested. After completion of investigation Challan as filed. The appellant pleaded not guilty and false implication. The Trial Judge convicted arid sentenced him as stated above. Hence, this appeal.

(3.) Shri O.S. Solanki learned counsel for the appellant submitted that the learned Trial Judge committed error in convicting the appellant on the basis of the statement of Madhubala, daughter of the deceased who was annoyed with appellant and dying-declaration recorded by Dr. U.D. Katarkar (P.W.3). He further contended that the dying -declaration of the deceased was also recorded by. Executive Magistrate and that was with held by the prosecution. Therefore adverse inference that the dying-declaration did not support the prosecution case should be drawn. On the other hand, Shri Desai, Learned Govt. Advocate, supported the impugned judgment.