KAUSHILYABAI Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 20th December, 1989 passed in S.T. No.96/1989, by learned 4th Additional Sessions Judge, Durg, by which the learned trial Court after holding the appellant guilty for commission of offence under Section 302 of the IPC, has sentenced to undergo life imprisonment.

(2.) Case of the prosecution is that deceased Khemin Bai was married to Prakash Das, another co-accused two years before the date of incident. Appellant-Kaushilya Bai, mother-in-law of the deceased used to quarrel with her and wanted to shunt her out so as to pave way for another daughter-in-law. On 2.3.1988, deceased-Khemin Bai and her mother-in-law Kaushilya Bai had gone to watch T.V. in the house of their neighbour-Halalkhor Manikpuri. After returning home, Manoj Das, brother-in-law of the deceased-Khemin Bai asked her to fetch matchbox and when she could not fetch; there was altercation of the deceased with her husband -Prakash Das. Prakash Das after quarreling and beating the deceased went away. It is said that thereafter appellant- Kaushilya Bai and Manoj Das with an intention to commit murder of Khemin Bai, locked her inside the room and Manoj Das tightly held the hands of deceased and thereafter appellant-Kaushilya Bai poured kerosene oil on the body and clothes of the deceased and set her on fire. While deceased was burning, Kaushilya Bai and Manoj opened the door and ran away. When deceased cried for help and came out, neighbour-Hiraman Singh Thakur (P. W.7) doused fire by pouring water on her. By that time, clothes and body of deceased - Khemin Bai were burnt. When her husband came back, she was taken to Sector -9 Bhilai Hospital.

(3.) It is the case of the prosecution that on application of Ex.P-12 of R.K. Rai (P.W.9) T.I. Bhilainagar, Dr. H.K. Gowardhan examined the body of the deceased and found that she was 95% burnt, whereupon, the deceased was admitted to Burn Unit. Dr. H.K. Gowardhan, Casualty Officer, informed over telephone in the Police Station -Bhilai Nagar Sector-6 which was recorded by Head Constable-Manharan Lal (P.W.2) in Rojnamcha Sanha No.219, Ex.P-2A. Dehati Nalishi, Ex.P-1A and thereafter Report, Ex.P-3 was recorded by R.K. Rai (P.W9), T.I. Bhilai Nagar at 0:35 hrs. at zero number on 3.3.1988 alleging commission of offence under Section 302 read with Section 34 of the IPC. As the place of occurrence fell within the area of Police Station - Mohan Nagar, the case was forwarded for further action to Police Station - Mohan Nagar, upon which FIR, Ex.P-1 was registered at Crime Number 78/88 at 3:00 am. on 3.3.1988 alleging commission of offence under Section 302 read with Section 34 of the IPC.