II!HI!|H||||||||l|Hl|||Hllllll 0006 @wmm 5each ~ ’mmaH IN Tim .dIGh UUUEU.‘ OF JUDIC Milk; ‘ AI: ABnLPURa whiuINAp AHJLQ‘ Nvim /l999 g Bahadurvson of Enim ”mandra, agea 25 yeérs, Resident of Village Thuthi, Police $tation Jaijaipu'r, District Bil a Sp ur (MP ,, . . . AP LAM‘ (IN JAIL) Vs . . Sizete 01‘ Madnya Pradesh med“ 1U 9/ ‘ h St»: m m. .Quw mam-mm" n- ”nun-nu a w (minimum MPML {Mum sabrluw 374g; (Jr 13mg. bhlmIAYAL PrmuzDURr. uUDn, Effi sammxwlag Imprisenment for life <3: fine of 3sn5000/i in default, Bax. for one year, oaaam U/s.3o2 L933; u ear. un- a /)_ i\ ). LIL “ XI-HC—78 :r WWW Sakti, Dist No.87f98, whereby, the Addi‘ the accused/appellant guilty Section 302 0f IPC, sentencev h'fe and to pay a fme of Rs.5,0( further mldm‘go R1. for 1 year. The case of the pmaecr between 4:30 - 5:00 p.m., wh village -Thuthi, accused enquired about his mother from her, she. replied that she does not accused/appellant picked the lantern lying nearby, kerosene oil on her from it and ‘ \ Shri Vishnu Koshta, CO' Shri Sudhir Bajpayee, D H€ard. Oral judgment dictated ( As tie: La. Bhadoo, g. Chiet Juetice; This appeal is directed land order of sentance dated 2 Sessions Judge, lusel for the appeHant. y. Govt. Advocate for the State. n1 Dais. against the judgment of conviction 7. 11.1998 passed by the Additional L’ict — Bilaspur in Sessions Trial :ional Sessionsdudge after holding for commission of offence under i him to undergo imprisonment for )0] -, in default of payment of fine to ,tion is that on 3rd November 1997 en Kewra Bai was in. her house at know about his mother, then poured set her on fne Kewra Bai was thereafter taken to the Govt Hospital Jaijaipnr where Shri N \ P.T.O. \ \V 7\ I WWW mmwanéw aamm mmsmn BENCH -: ‘‘z-ion’gLE MR. Lg, Eamon Ag. cm. as HON’BLE MR. 3mm. KUMAR 31mm, J. \—"——‘—""‘— l31.o1.2oo7 W HWW ‘ Q “ #7? W200 Wmmafw) WW§WW $Wm 1 matwm L and recorded Dehatinalisi (Ex.- Kwi‘a Bai. Based on that, F‘i commission of offence under ectjon 307 of IPC was registered. From Jaijaipur hogpital, she ‘ Bilaspur, &0111 Bilaspur, she vs tréaiment in Bhilai hospital, she succumbed to Ithose burn injuries on 07/11/1997, therefore, offence was converted into Section 302 (if 113$. \ Kujur, Sub-inspector, Police Station - Jaijaipur (PW-21) reached P/ 35) as 13er the sfatemont givgn by ‘ t Information Report (Ex—PI 36) for as taken to the District Hospital, as taken to Bhiku' Hospital. During Posmmrtem was conducted by Dr. A.P‘ Savant (PW—25.) on the body of the deceased, prepared the postmortem report .(Ex. P/4 1), death. was due to excessive b was amtemortem in nature. declaration (Ex-P] 10) was rer Tehsildar and Executive Magisi: livestigation, the charge sheet was \ pellaut in the Conrt of Judicial Who in turn committed the case to Bilaspur, from where 311s Judge received the case on After completion of the J filed against the accused/ap Magistrate First Class, Sakti, the Sessions Judge, the learned Additional Sessi transfer for trial. The prosecution in order accused examined 25 witw accused] appellant was recordt i l i i i r i in which.’ he opined that cause of urns i.e. 75% burn injuries, which treatment, dying During her orded by Shri GR. Mahilage, Nail) rate (PW— 12) to establish the charge against the lesses. The of the ’d under Section 313 of Cr.P.C.’ in statement P.T.O. XI-HC—78 EW,WW,W wmm WwvwwmA aamm which, 11E d.€11ied tha mater] prosacufion evidenma and sfate implicated in a false case. defenm Wimess and the dafer from Kewra Bai, she disclosef ding after poun'ng kerosene r withdile cow dung and she sus Learned Additional Sessi tli:‘pa3gties and Eemsal of the 1 accused/ appellant as aforemen We have heard learned alld perused me record. In this case, there is n. conviction is based on the dyi] by the Naib Tehsildar and l Dehatinalisi in the form of dyil 13y Shri N. Kujur, Sub-Inspecto made by the deceased to PW—l PW-2 — Rambai (mother of thi (Aunt of the deceased)’ PW-4 Mawdhaprasad, PW-7 - Shivkumar and PW-9 — Setram. ‘ As far as Dehatinalisi in ‘ P/85) recorded by Shri N. K i x 1 PTO. al appearing against him in the d that he is innocent and has been He. also examined one Balrain as .ce witness stated that on enquiiy i‘vthat when she was lighting cow )il on it) her sari came in contact tained burn injuries. ans Judge afteryhearing counsel for ecord convicted and sentenced the tinned. counsel for the respective parties 3 ocular or direct evidence. The 1g declaration (Ex-Pl 10) recorded Executive Magistrate as also the 1g declaration (EX.-P/35) recorded r: as also the oral dying declaration —- Gorelal (father of the deceased), 3 deceased), PW—S — Sahodra Bai he form of dying declaration (Ex.- ujur, Sub-Inspector (PW-21) and mmén3b7 a 200 mm(W) XI—HC—78 EW,W,W mm ‘ Q@*$/77 W\ 200 WW(W) WWW (WWW mmmm ‘j WW#WW écwm dying declaraticn (Ex.-P] 10) recorded by 8111i GR. Mahilage, Naib . Tehsildar and Executive Magistrate (PW-12) are concerned; these fwo Witnessss in their evid€nce haw not reproduced the words while making dying declaration. They have simply axhibited ‘q'ehatinah‘si, dying declamtion and have not stated the actual Won in* {he legal terms they have Dehatinak’si ‘and dying declar made Statement to them to the A fire after pounng kerosene oil o n her body. As far as oral dying de‘plaration by Kewra Bai befoie the witnessee namely PW- 1 - 4 stated by Kewra Bai to t]1em[ ls stated by Kewara Bai, therefore, failed to prove the Contents of ation that deceased -— Kewra Bai effect that the accused set her on relal, PW-2 - Rambai, PW-3 —- Sahodrabai, PW—4 — Nawdhapmead, PW-7 —Shivku1nar and PW-9 — Setraln is concerned, we have perused the, evidence of these witnesses. PW-l - Gorelal, wh stated that 15 days after the mi his house and thereafter, a'e deceased) took Kewra Bai to hi to his house on the occasion c day of Deepawali, he asked his in-laws place, on which, she st laws place as her husband — T.V., otherwise, he will set her daughter Kewra Bai, she was 1e and on Monday; he neceived ‘ 3 is the father of the deceased, has larriage, he brought her daughter to cusedlappellant (husband of \the s residence. Kewra Bai again came f Dusshera festival and on the next l daughter — Kenna Bai to go to the ‘ated that she will not go to the in- Bahadur is insisting her to bring hn hie. However, he persuaded his ift at the place of accused on Friday nformation that his daughter has P.T.O. wW,W¥ITr€-I,W mmmgiawr) 3717? a1 200 mmwm .{ WW%‘WW émTfimm f‘ sustained burn injurias. ’I .Rambai, Sahodmbai, Shivm When may reached to the 1h informed them that Kewra Hospital, Jaijaipur for treatm Steam, the? saw his daughte wah‘also standing them. On aécused ‘- Béhadur ( her h pourglg karosena oil on her b — Rambai, PW—S — Sahodrah Shivkumar aJM PW—Q — Setrant The defence has not bee Vthe cross-examination of the evidence of these witneeses; H died on 7f 11/ 1997 i.e. after 4 was in a position to speak 2 indicate that these Withesaes c have deposed against the acc1 of these witnesses, it is establi: was voluntary, true and Kewu give the statement, which has dying decimation (EX.P/ 10). T these witnesses, it is established that Kewra Bai made oral dying declaration in their presence re hereafter, he along—With his wife - liar, Setram left for village — Thuthi. ause of accused/appellant, villagers Bai has been. taken to the Govt. iiit. When they reached to the Bus r in a bullock cart and her iii-laws enquiry, his daughter disclosed that ushand) has set her on fire after }dy. Similar is the evidence of PW—2 ai, PW-4 — Nawdhaprasad, PW-7 — L. n able to elicit any circumstance in se witnesses, which discredit the is an admitted fact that Kewra Bai days of the incident, therefore, she Lnd there is nothing on record \to in account of any bias or animosity Lsed/ appellant. From the evidence shed that the oral dying declaration 1 Bai was in a state of fit mind to been. certified by the Doctor on the here-fore, based on the evidence of garding involvement of the accused in‘committing the murder of deceased. P.T.O. XLHC—78 @)5 .5 Mym—J zoo mamaaia'm) matwm é.- WW§WW %a1f:?rmn%$r As per the evidence of 1 Dr. A.P. Sawant (PW-25), wim had stated that on 08/ 11/ 1997, lite conducted the postmortem on the bod of the deceased ~Kewra 1 75% 011 her body. Th§ causs'? and on account of carbon, wh mport is Ex.-P/41. kerosexw Oil 611 her hody. In the result, we are of the considered opinion that there 1's v no illegality or ifmiiity 1n the judgment of the trial Court. Tha appeal being devoid an it is hereby dismissed. L/ Sun“ .Kumar Sinha; Judge : Bai‘ There were burn injuries up to f death was excessive bunt injuries Lich entered into the Wind pipe. The 'I‘hexefoee, it is established that Kewra Bai died on account of excessive burn injuries, which were caused by the accused/appellant by setting her on nle after poum‘ng § of merits is liable to be dismissed Sdl- x %/)\°\%a:\é\ P.T.O. Sdl~ Act Chief Justice ing m y d ‘ ‘* i n