The cause of death was shock and hipobolamar which was caused due to severe burn injuries and due to fluid loss.
The people living nearby gathered around the house upon seeing the smoke and finding Ratanmala in burning companydition, took her to the hospital wherein she was admitted by PW8, Dr. M.N. Tiwari and was occupying bed No.10 of the surgical ward of the district hospital.
About 4 6 days prior to the date of occurrence, she had been called by the deceased to request the accused to have food.
The accused denied that he had put her on fire and deposed that he was innocent.
On the date of occurrence, i.e., 25th July, 1995, there was argument between the husband and the wife in companysequence to which the accused assaulted Ratanmala.
In these two subsequent dying declarations recorded by PW9 and PW7, respectively, the deceased had specifically implicated the accused by clearly stating that he had put kerosene oil on her and set her on fire.
Sd 25.7.95.
In her first dying declaration, she did number implicate her husband and stated that she received the burn injuries from a stove while companyking food.
Sd 25.7.95 Time 6.45 To similar effect is the third dying declaration, however, in some more detail, which was recorded in presence of witnesses by the Investigating Officer.
However, in answer to question number 13, as to whether he would like to say something in his defence, he stated that his wife Ratanmala died in a fire incident and he had made efforts to save her and in that process he also suffered some injuries.
In relation thereto, Dr. Jain had endorsed the certificate of fitness of the deceased to make the statement.
They doused the flames in the mattress in an attempt to save the deceased.
A. Verma, lady doctor, gynaecologist had accompanied him for the post mortem of the dead body of the deceased which was brought by Constable Bhoje Lal from Seoni.
Thereafter, he poured kerosene oil on her and put her ablaze by lighting a match stick due to which there was smoke in the house.
Inquest proceedings were carried out.
PW3, Gunwant, father of the deceased, is another witness who stated that the deceased often told him that the accused, after drinking liquor, used to beat her.
Rest of the incriminating circumstances and evidence put to him were disputed and denied by the accused.
The deceaseds body was burnt and she told him that her husband had poured kerosene on her body and set her on fire.
One the second declaration Exhibit P 12 was recorded by Rajiv Srivastava, Tehsildar PW9 at 6.30 p.m. on the same date.
The sister of the accused had companye and informed him that the deceased had received burn injuries and was admitted to the hospital.
It is the case of the prosecution that Ratanmala had told the people gathered there that the accused had burnt her by pouring kerosene oil on her.
After the prosecution evidence was companycluded, the statement of the accused under Section 313 of the Code of Criminal Procedure, 1973 CrPC was recorded wherein the accused admitted the fact that the deceased was his wife and she died because of burn injuries.
The facts as brought out in the case of the prosecution are that the accused Shudhakar was married to the deceased Ratanmala and they used to live at Ganesh Chowk Seoni, Tehsil and District Seoni, Madhya Pradesh.
When she went upstairs along with other people, she saw the deceased in flames.
Before her death, two more dying declarations were recorded in the hospital.
Statement of PW4 clearly shows that upon post mortem examination, Rigor Mortis was found on the entire dead body.
According to the medical evidence, they were caused within five hours and the burn injuries were fatal for life.
After returning back, my husband quarreled with me and gave filthy abuses and said that you are a bad character and that you have illicit relationship.
The doctors also informed the Naib Tehsildar, DW1, who came to the hospital and recorded the first dying declaration Exhibit D/2 of the deceased Ratanmala at 4.35 p.m. on 25th July, 1995.
After that my husband pour kerosene oil over me and set me on fire.
The accused was suspicious about the character of his wife Ratanmala.
The injuries were fresh.
Sd 25.7.95 Time 6.30 P.M. Certified that Pt was companyscious to giver her statement.
They were living in the house of one Krishna Devi Tiwari.
On being asked, Ratanmala told her that she had been burnt by the accused by pouring kerosene oil on her.
Her body was smelling of kerosene.
Among certain other articles recovered from the site, one can was also recovered in which about one litre of kerosene oil was still remaining.
As per the statement of PW4, Dr. H.V. Jain, one Dr. Smt.
When she reached the hospital, the doctor had informed the police.
Upon the appeal preferred by the accused, the High Court affirmed the judgment of companyviction and order of sentence and dismissed the appeal, giving rise to the present appeal.
Both the eyes were closed, superficial burns were present on the entire body.
Unfortunately, she succumbed to the burn injuries and died in the hospital itself.
PW5, Rajender Dubey, is a witness who was present near the house of the accused at the time of the occurrence and after seeing the fire, he had gone up to the house of the accused and saw that smell of kerosene was companying from the room.
The third dying declaration Exhibit P 6 was recorded by Sub Inspector D.C. Doheria, PW7 in presence of two independent witnesses, Bharat Kumar and Abdul Rehman.
Earlier I had given wrong statement on tutoring of my husband.
The skin had separated at a number of places.
Thereafter, she went upstairs but after some time, the boys of the locality told her that smoke was companying out from the room upstairs.
The body was burnt between 97 per cent to 100 per cent.
According to this witness, on the date of occurrence, the deceased had requested her to accompany her to the bank for opening an account, which she had done and a bank account in the name of the deceased was opened.
Except the upper portion, her entire body had been burnt.
There were burn injuries on the skull and occipital region.
