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(21.11.2017) Per Anurag Shrivastava, J :-

The present appeal under Section 374(2) of Cr.P.C., has been preferred by the appellants/accused persons being aggrieved of the judgment and sentence dated 16.3.1998 passed by First Additional Sessions Judge, Damoh in Sessions Trial No.143/1995, whereby the appellants have been convicted for commission of offence punishable under Cr.A.No.863/1998 Pappu Singh & anr.
Vs. State of M.P. Section 302 read with section 34 of IPC and sentenced to undergo R.I. for life.[

2. The case of the prosecution in brief is that the deceased Smt.Kamla Bai was the wife of Bittu Singh Lodhi, who was younger brother of Natthu Singh. Appellants Pappu Singh is the son of Natthu Singh and appellant Nanhi Bai is the wife of Pappu Singh. The husband of Nanhi Bai had expired some 15 years ago. After the death of husband, deceased was living in her parental house. After a gap of 13- 14 years she returned to her matrimonial house and started claiming share of her husband in his ancestral property. The appellants had refused to give her any share in the parental property and on account of this there was a property dispute between the appellants and deceased Kamla Bai. The appellants Pappu Singh had beaten Kamla Bai some 15 days prior to the incident and deceased had lodged report against this at Police Outpost Imaliya. On 28.7.1995 at around 8 o'clock in the morning Kamla Bai was sleeping in her room, meanwhile the appellants came there, Nanhi Bai caught hold of hand of the deceased and Pappu Singh sprinkled kerosene oil on her and set her ablaze. The deceased shouted for help. Hearing this her Jeth, Natthu Singh arrived there and dowsed the fire by covering her in a blanket. After the incident neighbour also arrived on the spot. Kamla Bai was taken to the hospital where she was examined by the Doctor and admitted for treatment. The intimation of incident was sent by the Doctor to the police station Damoh. The dying declaration of Kamla Bai was got recorded by the Naib Tahsildar Sanjeev Kumar on the same day. Head Constable Suresh Prasad recorded Dehati Nalishi Ex.P-10 on the basis Cr.A.No.863/1998 Pappu Singh & anr.

Vs. State of M.P. postmortem of body of Kamla Bai and found burn injuries all over the body. The cause of death was burn and its complications. The statement of doctor is duly corroborated by postmortem report (Ex.P/20). Thus, relying upon postmortem report it is proved that deceased had died due to burn injuries.

7. The case of the prosecution depends upon dying declaration given by the deceased. From the statement of Nathu Singh (PW-3), Phool Singh (PW-2), Dharshan (PW-6) and Bhagat Singh (PW-5), it is found that on 28.07.1995 Kamla Bai had sustained burn injuries and she was brought to District Hospital Damoh. Dr. O.P. Dubey (PW-7) deposed that on 28.07.1995 he was posted at District Hospital Damoh. Kamla Bai was brought to hospital for treatment, she had sustained burn injuries by kerosine oil. Kamla Bai informed him that Pappu Singh and his wife had poured kerosine oil on her and set her ablaze. He has sent intimation (Ex.P/7) to Police Station Kotwali, Damoh. He had examined Kamla Bai and mentioned above facts in MLC report (Ex.P/9).

8. Suresh Prasad (PW-9) deposed that on 28.07.1995 he was working as Head Constable at Police Outpost District Hospital, Damoh. He received information about Kamla Bai and visited the hospital where she was admitted for treatment. He got her medically examined and intimated Executive Magistrate to record dying declaration. He had also recorded her statement (Ex.P/11) and Dehati Nalishi (Ex.P/10) on the report of Kamla Bai.

9. Sanjeev Kumar Kanchan (PW-17) deposed that on 28.07.1995, he was working as Naib Tahsildar, at around 5:50 pm in the evening he had recorded dying declaration of Kamla Bai at District Hospital, Damoh. He had also obtained Cr.A.No.863/1998 Pappu Singh & anr.