MUNEER KHAN Vs. STATE OF MADHYA PRADESH
SUPREME COURT OF INDIA
STATE OF MADHYA PRADESH
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(1.)This is a case of bride burning. Mussamad sharifan Bi @ Savitri died of burns inside her nuptial home. Except her husband all the remaining inmates were arraigned for the offence of murder. The trial court acquitted all of them, but the High Court in an appeal filed by the state reversed the acquittal and convicted all of them and sentenced each one to imprisonment for life. Thus the convicted persons secured a right to prefer the appeal under section 379 of criminal Procedure Code.
(2.)Deceased is Mussamad Sharifan Bi @ savitri wife of PW-2 Sukhdeen. His eldest brother Muneer Khan is the first accused, rozan the 18 years old daughter of Muneer khan is the second accused (she died during the trial stage) , Sathara Bai wife of Muneer khan is the third accused, Anar Bai the 20 years old daughter-in-law of Muneer Khan is the fourth accused.
(3.)The case against all the above mentioned accused is that all of them together poured kerosene and set Sharifan Bi - deceased ablazeat about 8. 00 a. m. on 20. 11.1985. She was taken to the hospital. Her dying declaration was recorded by PW-12, Executive Magistrate on the same day at about 11. 00 a. m. She died at about 6. 00 p. m. on 22.11.1985. The statement recorded by the investigating officer under section 161 of the Criminal Procedure Code was used by the prosecution as evidence under section 32 of the Evidence Act as the deceased had died.
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