KHET SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 22.9.1998 passed by the Sessions Judge, Raisen in S.T. No.284/92, whereby the appellants have been convicted of offence under Sections 304-B & 498-A of the IPC and sentenced to seven years' R.I. and one year's R.I. respectively.

(2.) Facts of the case in short are that the deceased Sheela Bai was married to the appellant no.4 Daulat Singh. The appellant nos.1 & 2 are parents of Daulat Singh, whereas the appellant no.3 Mohan is elder brother of the appellant no.4. After approximately six years of marriage of Sheela Bai, on 13.6.1992 Pooran Singh (PW-1) father of the deceased was informed that Sheela Bai was injured with burns therefore, he sent his sons to village Jamuniya, who took the deceased Sheela Bai to the Government Hospital, Gairatganj. In the night of 13.6.1992, the deceased Sheela Bai had expired. On 14.6.1992, the complainant Pooran Singh (PW-1) lodged a written report Ex.P/1 with the allegations that the deceased was being harassed for demand of Rs.40,000/- and for other reasons because she was not blessed with any child in those six years. It was also claimed that when the deceased Sheela Bai was taken to the Hospital, she told her brothers that the appellant no.2 poured some kerosene upon her and set her on fire and at that time, she was held by the appellant no.4 husband of the deceased, whereas the remaining appellants have threatened her that if she would state anything against them, her brothers and father would be killed. The dead body of the deceased Sheela Bai was sent for the postmortem. Dr. S.B. Kulkarni (PW-8) gave a report Ex.P./14. He found that the deceased was 95% burnt and she sustained 2 nd-3rd degree burns therefore, she had died. After due investigation, the charge sheet was filed before the JMFC Gairatganj, who committed the case to the Court of Sessions.

(3.) The appellants abjured their guilt. They took a plea that they were falsely implicated in the matter. Marriage of the deceased took place seven years prior to the incident and she sustained the burn injuries due to an accident. The deceased Sheela Bai gave a dying declaration Ex.D/1 before the Executive Magistrate that she sustained the burn injuries due to an accident. In defence, the Executive Magistrate C.L. Ahirwar (DW-1) was examined.