OMPRAKASH Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed by the appellant aggrieved against the order dated 1. 10. 1996 passed by I Addl. Sessions Judge, Mhow, District Indore, in Sessions Trial No. 391/1994, whereby convicted him under Section 306, I. P. C. , sentenced to undergo R. I. for five years with fine of Rs. 1,000/-, in default of payment of fine additional S. I. for one month, also convicted under Section 498-A of the I. P. C. , sentenced to R. I. for two years and fine of Rs. 1,000/-, in default of payment of fine, additional S. L for one month. Both the sentences have been directed to run concurrently.

(2.) THE prosecution case as unfolded before the Trial Court was that deceased Anita was married with the appellant on 8. 5. 1990. She was found dead because of burn injuries along with her two minor sons Akash and Vikas aged one and a half years and seven months respectively inside the house of the appellant. FIR (Ex. P. 31) was lodged by her father Sukhnandan (P. W. 7 ). According to this report, after the marriage, appellant and his other relations i. e. , father-in-law, mother-in-law and sister-in-law were taunting her for not giving proper dowry to her by him. They were asking her to bring colour TV, scooter. Whenever appellant was visiting his house at Indore, he was demanding T. V. and scooter. The complainant was not able to satisfy his demand because of which deceased Anita was ill-treated by the accused persons and they were beating her. Whenever she was visiting the house of the complainant, Sukhnandan (P. W. 7), she was complaining against the appellant and other acquitted accused persons regarding demand of T. V, scooter and Rs. 25,000/- cash amount. He has further complained in the written report (Ex. P. 15) that because of poverty he could not satisfy their demands. Therefore, deceased Anita was turned out from her matrimonial house by the appellant after beating her and thereafter she lived with him for about eighteen months and also gave birth to the first child. After first delivery, father-in-law and the appellant reached at the house of complainant Sukhnandan (P. W. 7) and assured him for not demanding money, scooter, etc. Complainant was also suggested by his neighbourers to sent Anita with them. But, again appellant and acquitted co-accused persons started beating her and delivering threat to burn her. The complainant did not lodge any report regarding all these because of relation. On 29. 4. 1994, in the morning, at 8. 30 a. m. appellant and acquitted co-accused persons attempted to commit murder of Anita by pouring kerosene oil on her person. At that time Anita ran away from their house and took shelter at the house of one Narayan. At that time appellant Omprakash was having can of twenty litre kerosene oil in his hand and deceased wife was saved by Virendra Chouhan (P. W. 1), Vijay Mehra (P. W. 2), Surendra (P. W. 3) and Chandrakala (P. W. 4) and one Kamal. When she was turned out from the house of the appellant, she and her brother also lodged the report in the P. S. vide Ex. P. 14. In this report dated 18. 4. 1991, she had complained, about ill-treatment, against the appellant. On this report, police has not registered any offence saying that it was a family dispute between the husband and wife. On 2. 5. 1994, in the morning at 9. 00 a. m. , deceased Anita committed suicide by ablazing herself and her two minor children Akash and Vikas. On the basis of this report, the P. S. Mhow registered Crime No. 252/ 1994 vide F. I. R. Ex. P. 31. The police registered Murg No. 21/94 and thereafter prepared spot map, done the inquest of deceased Anita vide Ex. P. 3 and sent the injured Vikas and Akash for medical examination. Their medical report is Exs. P. 21 and P. 23. They were examined by Dr. Mahesh Kumar Tiwari (P. W. 10 ). This doctor also had performed the post-mortem of the dead body of deceased Anita vide post-mortem report Ex. P. 25 and autoposy of Vikas and Akash were conducted by Dr. Surendra Dubey (P. W. 11) vide post-mortem report Exs. P. 27 and P. 29 respectively. Both the children died because of cardiac respiratory failure due to burn injuries and its complications whereas deceased Anita died asphyxial death due to burn injuries. Through Ex. P. 4, several articles, burnt cloths having smell of kerosene, match stick, one stove in working condition with kerosene oil were seized. Deceased Anita was having 100% ante mortem burn injuries, whereas Vikas and Akash were 90% and 100% bun injuries respectively.

(3.) AFTER required investigation, police filed the charge sheet against the appellant and father-in-law, mother-in-law and sister-in-law of the deceased. They all have denied the charges and according to them all the three deceased had met accidental death and they claimed for trial. The prosecution examined in total thirteen witnesses to prove its case whereas appellants have not examined any witness in their defence. The learned Trial Court, after detailed assessment of the prosecution evidence and hearing both the parties, acquitted father-in-law Dwarkaprasad, mother-in-law Chandabai and sister-in-law Saintara from all charges. The appellant was also acquitted from the charge punishable under Section 304-B of the I. P. C. but convicted under Sections 306 and 498-A of the I. P. C. and sentenced as mentioned above. Hence this appeal.