The Doctor, who had examined her at the time of admission in hospital, deposed that she had burn injuries on her head, face, chest, neck, back, abdomen, left arm, hand, right arm, part of buttock and some part of both the thighs.
In the instant case, the deceased Savita was brought to the hospital by her Mother in Law and Father in Law and she was under their influence.
The deceased was 65 burnt.
In defence, appellant placed reliance on the statement of the deceased dated 27.2.2000 Ex.
The declaration was recorded by the Executive Magistrate after getting a certificate from the Doctor that the deceased was in a fit physical and mental companydition to give the statement.
Thereafter, the fire was lit by chimney by him and she was burnt.
After companypleting the investigation, charge sheet was filed against the appellant before the companyrt and the case was companymitted to the Court of Sessions where the appellant was tried.
P/2 , wherein, the deceased stated that appellant brought a kuppi a metallic companytainer for lighting full of kerosene and poured it on her body and as a result of which kerosene oil spread all over her body.
She also stated that she had been brought to the hospital by her in laws.
She was brought to the hospital by her in laws on 27.2.2000 at about 7 p.m. in a burnt companydition.
He was directed by the Superintendent of Police on telephone to record the statement of the deceased, who had been admitted in the hospital.
More so, it stands companyroborated by the oral declaration made by the deceased to her parents, Phool Singh PW.1 , father and Sushila PW3 , mother.She had also deposed that she had written a letter to her parents requesting them to fetch her from the matrimonial home as her husband and in laws were harassing her.
Madhu Nahar DW.1 .
P/14 , FIR Ex.20 , deposition of ASI PW 19 dated 29.2.2000 and case diary etc.
The trial Court, vide judgment and order dated 31.8.2000, found the appellant guilty of offence under Section 302 IPC and accordingly sentenced him to imprisonment for life.
After recording the dying declaration dated 29.2.2000, ASI Damodar Prasad PW 19 , recorded the Dehati Nalishi Ex.
As per the Injury Report and the medical evidence it remains fully proved that the deceased had the injuries on the upper part of her body.
Undoubtedly, the first dying declaration had been recorded by the Executive Magistrate, Smt.
The appellant made a statement under Section 313 of the Code of Criminal Procedure, 1973 hereinafter called as Cr.
The first Dying Declaration was recorded by the Executive Magistrate, Smt.
D/2, wherein, the deceased stated that when she was companyking, kerosene oil had been put behind her back, and when she moved herself back, her Saree caught fire.
The said dying declaration was recorded after getting a Certificate from the Doctor stating that she was in a fit physical and mental companydition to give the statement.
Madhu Nahar DW.1 , immediately, after admission of the deceased, Savita, in the hospital and the Doctor had certified that she was in a fit companydition of health to make the declaration.
Madhu Nahar DW.1 , after getting a Certificate from the Doctor, in which Savita did number make allegation against any of her family members, rather, she said that it was an accident.
Hence, this appeal.
P/14 , at 10.40 p.m. on its basis.
On 29.2.2000, ASI, Damodar Prasad Mahure PW 19 , on the instructions of the Superintendent of Police recorded the second dying declaration Ex.
Savita hereinafter referred to as deceased on 22.6.1999.
The second dying declaration was recorded by Shri Damodar Prasad Mahure, Assistant Sub Inspector of Police PW.19 .
Madhu Nahar DW.1 , vide Exh.
P.C. , that he was, by numbermeans, involved in the case.
D/2 , and examined Smt.
The dying declaration was recorded by the Executive Magistrate, Smt.
During trial, the prosecution examined as many as 19 witnesses and in the form of documentary evidence, reliance was placed on the statement of Savita, deceased, in the form of dying declaration dated 29.2.2000 Ex.
In that statement, she had stated as under On Sunday, in the morning, at about 5.30 AM, my husband Lakhan poured the kerosene oil from a companytainer on my head as a result of which kerosene oil spread over my entire body and that he Lakhan put my Sari a fire with the help of a Chimney, due to which I got burnt.
Facts and circumstances giving rise to this case are that the appellant got married to Smt.
However, the appellant did number explain under what circumstances his wife was burnt.
Dr. Subhash Jain informed the Police Station, Gopalganj, about the arrival of the deceased, Smt.
2304 of 2000 before the High Court of Madhya Pradesh, at Jabalpur, which has also been dismissed vide judgment and order dated 9.7.2008.
Being aggrieved, the appellant preferred Criminal Appeal No.
Savita, and a police party arrived at the hospital.
P/2 , Dehati Nalishi Ex.
