STATE OF MADHYA PRADESH Vs. RAM PRASAD

JUDGEMENT

(1.) The respondent Ram Prasad against whom the State of Madhya Pradesh has filed this appeal by special leave was tried in the Court of session under S. 302 of the Indian Penal Code. He was convicted by the Sessions Judge under S. 324 of the Code and sentenced to rigorous imprisonment for six months. The State Government then filed an appeal against his acquittal under S. 302, Indian Penal Code and also an application for revision for the enhancement of the sentence passed on him. The High Court convicted him under S. 304 Part II and sentenced him to 4 years' rigorous imprisonment; concurrently the application for revision was dismissed as infructuous. The State Government has now filed this appeal and contends that the conviction of the respondent should have been under S. 302 of the Indian Penal Code and that there has been failure of justice in the case requiring interference from this Court.

(2.) The facts of the case are as follows:Run Prasad was living with his mistress Mst. Rajji at Mannaur in District Panna. Evidence shows that they were having quarrels for some time previous to the incident which took place on May 24, 1963. On that date, Ram Prasad intended leaving Mannaur for a place called Harsa, because his cattle used to be stolen at Mannaur. Mst. Rajji was unwilling to go with him unless he first reported the matter to the police station house before taking her to Harsa, alternatively, she wanted that he should leave her at Mannaur and give her some cattle for her maintenance. To either course Ram Prasad was unwilling. Matters came to a head on the night of the 24th when Ram Prasad ordered a van in which he began putting his luggage with a view to leaving for Harsa. Mst. Rajji then went to some of the village panchas and brought them over for intercession. It is these panchas who have now appeared as witnesses to the incident that took place immediately afterwards. To all the panchas Mst. Rajji again narrated the story of her grievance and Ram Prasad insisted on taking her sway. As Ram Prasad would not give in, nor would Rajji, the panchas could do nothing further and some of them went away to their lodgings which were close to the residence of Ram Prasad. Evidence then shows that Ram. Prasad approached Mannulal (page No. W. 1) with a lantern in one hand and an aluminium bowl in the other. He asked for some kerosene oil, because oil in his lamp had run down, but Mannulal did not give any as he had none to spare. Immediately thereafter Ram Prasad went back to his room and a cry was heard from Mst. Rajji that Ram Prasad had put kerosene oil on her and set her alight. Mannulal, Holke and others immediately arrived on the scene and put out the fire, but before that happened, Mst. Rajji was extensively burnt She kept on accusing Ram Prasad with the deed, but Ram Prasad, according to the witnesses, did not say anything in protest. On the other band, when he was questioned by the panchas as to why he had done so, he retorted that Mst. Rajji was his wife and what had they to do with the matter and added that they might even get him hanged. Mst Rajji was then taken on cycle to the police station house although the hospital was on the way. Evidence shows that Mst. Rajji insisted on being taken to the police station house first. There she made the statement which is Ex. P-7, in which she charged Ram Prasad with her condition and stated also that he had put kerosene of] on her and set her clothes on fire. Later she was removed to the hospital where separately to two doctors in attendance (Dr. Mrs. Ghosh and Dr. M. L. Gupta) she again stated that she was burnt by her husband who had put kerosene oil on her. Dr. Ghosh Doted on the bed head ticket 'homicidal burn by husband'. The nest day, Met. Rajji died.

(3.) Prosecution produced the panchas as witnesses to the earlier transaction in which Mst. Rajji and Ram Prasad had disagreed over going to Harsa and also in proof of the statement of Mst. Rajji that Ram Prasad had put kerosene oil on her and set her clothes alight. They have also through the same witnesses proved the conduct of Ram Prasad when Mst. Rajji accused him of having committed the outrage. The prosecution as further relied upon the statements made by Mst. Rajji in Ex. P-7 and to the two doctors who have deposed in the court.