- (1.) This appeal has been preferred against the judgment and order dated 6.12.2005, passed by the High Court of Madhya Pradesh (Gwalior Bench) in Criminal Appeal No.23 of 1992, affirming the judgment and order dated 10.1.1992 passed by Additional Sessions Judge, Morena in Sessions Trial No.5 of 1985. By this order the appellant had been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC') and sentenced to life imprisonment and a fine of Rs.500/- had also been imposed, and in default of payment of fine to undergo RI for three months.
(2.) Facts and circumstances giving rise to this appeal are: A. That on 18.6.1984, Guddi, daughter-in-law of the present appellant Smt. Kaliya was admitted to J.A. Hospital, Gwalior in a burnt condition. Her dying declaration was recorded and she died of the burn injuries on the same day. Information from hospital was given to Police Station, Jhansi Road, Gwalior. Her dead body was sent for post-mortem and all formalities were properly completed. B. An FIR was lodged and after the completion of the investigation, a chargesheet was filed against the appellant alongwith her husband and son under Section 498-A IPC, the appellant was additionally charged under Section 302 IPC. C. The prosecution examined a large number of witnesses including Dr. Nirmal Kumar Gupta (PW.18) who recorded the dying declaration, Merry Kutti Michael (PW.5), the staff Nurse who was present at the time of recording the dying declaration. After the conclusion of the trial, the appellant was convicted under Section 302 IPC and sentenced as mentioned hereinabove, though, other co-accused Amar Singh (son of the appellant) and Bheema (husband of the appellant) stood convicted under Section 498-A IPC and sentenced to undergo RI for 3 years. D. The appellant as well as the other co-accused filed Criminal Appeal Nos. 23 and 17 of 1992, respectively before the Madhya Pradesh High Court. The High Court dismissed the appeal of the present appellant vide impugned judgment and order dated 6.12.2005 but allowed the appeal of the other co-accused acquitting them of the said charges. Hence, this appeal.
(3.) We have heard Shri S.K. Dubey, learned Senior counsel for the appellant and Ms. Vibha Datta Makhija, learned counsel for the respondent-State.;