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Per: Rakesh Saksena, J.

1. Appellants have filed this appeal against the judgment dated 28th July 2000, passed by Sessions Judge, Damoh, in Sessions Trial No.183/1999, convicting the appellants under Section 302 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.500/-. In default of payment of fine, further rigorous imprisonment for six months.

2. In short the facts of the case are that Savitribai, the deceased, alongwith her husband Dunnu Ahirwar and children lived in a hut. In the adjacent house, accused/appellants, who happened to be her husband's cousin, his mother and the wife, resided. It is said that accused Kisna had an evil eye on deceased. Frequently he made indecent overtures to her, but she always discarded and abused him. On 13.6.1999, in the morning, when deceased was in her hut, her husband had gone to answer the call of nature and her children were playing outside, accused Kisna alongwith his mother Rukman and wife Gendabai reached there. Kisna and Rukmanbai caught deceased and Gendabai, after dousing her with kerosene, set fire to her with a matchstick and ran away. When her husband reached there, she narrated the incident to him, who took her to Community Health Centre, Patera for treatment and then went to police station to inform the incident. This information was recorded in general diary (Ex.P/13-C) at 9.45 am.

3. In Community Health Centre, Patera, the injuries of deceased were examined by Dr. S.N. Mewafarosh (PW-13), but in view of serious nature of injuries, she was referred for further treatment to District Hospital, Damoh. During treatment, on 12.7.1999 Savitribai died.

4. While alive, a dying declaration of deceased (Ex.P/18) was recorded by Executive Magistrate S.K. Garg (PW-14). Her statement under Section 161 Cr.P.C. (Ex.P/6) was also recorded by Head Constable Ram Kumar (PW-4).

5. On the death of deceased, an intimation was sent by the doctor to Police Station Damoh, whereupon, a Murg No.0/1999 was recorded. In presence of witnesses, Police Damoh conducted inquest proceedings and recorded memorandum (Ex.P/3). On receiving the Murg intimation, a fresh Murg (Ex.P/14) was registered at Police Station, Patera. On the basis of dying declaration recorded by the Executive Magistrate, Investigating Officer, Virendra Bahadur (PW-15) registered the case under Section 302 of the Indian Penal Code against the accused persons. He inspected the spot, prepared spot map and seized burnt clothes of deceased. He also arrested accused persons and on their information seized a kerosene Kuppi and matchstick.

11. We have heard the learned counsel for the parties and perused the impugned judgment and the evidence on record carefully.

12. It has not been disputed that Savitribai died of burn injuries in District Hospital, Damoh. Dunnu (PW-6), the husband of Savitribai, deposed that Savitribai suffered burn injuries and died in the hospital. His evidence on this point was supported by Nunni (PW-8). Head Constable Motilal (PW-10) stated that on 13.6.1999 at about 9.45 am Dunnu gave information at Police Station, Patera that his wife suffered burn injuries. This information was recorded in general diary (Ex.P/13). Dr. S.N. Mewafarosh (PW-13), Assistant Surgeon of Community Health Centre, Patera deposed that on 13.6.1999 he examined the injuries of Savitribai and found burn marks on her face, chest, abdomen, back, both hands and both legs. There were about 80% burn injuries. Smell of kerosene emanated from her body. These injuries were around four hours old and appeared to have been caused by dry flame. He recorded the injuries of Savitribai in his report (Ex.P/17) and referred to her for further treatment and admission in District Hospital, Damoh. The injury report was written and signed by him. Head Constable Krishnakant Pradhan (PW-1), on 12.7.1999 received information at Police Station, Damoh that Savitribai died in the hospital. He recorded Murg intimation. The inquest of the dead body of Savitribai was conducted by ASI Gokal Singh (PW-2) and the dead body was sent for postmortem examination. Dr. P.K. Jain (PW-12), Assistant Surgeon of District Hospital, Damoh conducted postmortem examination of the dead body of Savitribai and found deep burn marks of burn injuries on her neck, face, arms, chest, back side of trunk and both lower arms. Heeling wounds with pus were present on the body. About 60% part of the body was affected by burn injuries. The cause of death of Savitribai was shock due to secondary infection. The postmortem report (Ex.P/15) was written and signed by him.