Decided on August 13,2018



Rohit Arya, J. - (1.) This appeal by an accused under section 374 Cr.P.C., is directed against the judgment of conviction and order of sentence dated 30/11/2007 passed in sessions trial No.74/2007 by the Additional Sessions Judge, Narsinghgarh convicting the appellant under section 302 IPC and sentenced to suffer life imprisonment with fine of Rs.1000/- and in default of payment of fine to undergo one year additional simple imprisonment.
(2.) The undisputed fact is that the deceased Sushilabai suffered burn injuries on 06/02/2007 and died in the hospital during treatment on 17/02/2007.
(3.) The prosecution story, in brief is that on 06/02/2007 Sushilabai in burnt condition reached Police Chowki, Boda falling under the Police Station Pachour, District Ragarh (Biaora) about 07.50 pm and lodged the report to the effect that about 06.00 pm when she was at her residence in village, Boda, the accused-appellant/Gyarasibai sister-inlaw by relation came and abused by uttering filthy language as well as slapped without any just cause. The husband of the deceased, Narayana intervened and tried to explain the things to her but she has turned deaf ear. The accused poured kerosene from the gaslit cup (kuppi) and lit fire as a result she received burn injuries on various parts of her body. Thereafter, went away from the place of occurrence. The husband of Sushilabai extinguished the fire. Thereafter, Ramesh brother of the deceased, Biharilal and Gangabai reached the scene of occurrence. Based on the statement of Sushilabai, a case under section 307 IPC was registered at crime No.010/2007 and was sent for treatment to the hospital. Further, information was forwarded to the Police Station Pachour for registration of the FIR and the same was registered at crime No.54/2007 under section 307 IPC on 07/02/2007 at 02.15 pm. The preliminary treatment was given to her at Narsinghargh Hospital. Looking to the condition of the patient, the MLC Doctor had called the Executive Magistrate, Naib Tahsildar, Narendra Singh Chouhan (P.W.6) for recording the dying declaration. In fact, he has recorded her dying declaration. As her condition was further deteriorating, she was referred to Hamadia Hospital, Bhopal for treatment and during the treatment she died on 17/02/2007. Thereafter, Marg intimation was sent to the police station and the dead body was sent for post mortem. Due to death of the deceased, the case was altered under section 302 IPC against the accused/appellant.;

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