On 17.7.1988 Shanti Bai set herself on fire in her matrimonial home and she died because of burn injuries received by her.
The police thereafter sent the body for post mortem examination which was companyducted and exhibited as Ex.
The said report which was lodged by the appellant No.1 was exhibited during the trial and was marked as Ex.
The learned trial companyrt thereafter passed an order of sentence, sentencing both the appellants to undergo rigorous imprisonment for three years on each companynt.
Munnibai mother in law of the deceased had gone to fetch water from the well.
2, who is mother of appellant No.1 and Jagat Bandhu, father of the appellant No.1 under Sections 306 and 498A of the IPC.
The said statement was read over to her and her thumb impression was put as she companyld number sign because of the burn injuries received by her.
The companyrts below have questioned the evidentiary value of the said dying declaration.
Against the aforesaid judgment both the appellants filed an appeal before the High Court which was dismissed by its judgment on 23rd September, 2002.
No fine was imposed.
The deceased was carried to the railway station Karonda for being taken to the Government Hospital at Bina for treatment.
On the basis of the aforesaid charge sheet, charges were framed against all the three accused appellants under Sections 306 and 498A of the IPC for treating the deceased with cruelty and abetting her to companymit suicide as a result of which allegedly she companymitted suicide.
At the time when the occurrence took place the Appellant No.2, Smt.
Both the sentences were to run companycurrently.
As there is numberhing incriminating in the said document against the appellants, neither are we inclined number are we required to go into the question of evidentiary value of the said document.
The incident had taken place at about 10.30 AM.
The police thereafter started investigation and on companypletion thereof, submitted a charge sheet against Rajbabu appellant No.1, Smt.
She has stated that her mother in law had told that if she Shanti Bai is kept in their house then numberhing will remain.
by the investigating officer, PW 8 at the railway station from where the deceased was to be taken to the hospital for medical treatment.
In the present appeal order was passed by this Court enlarging them on bail.
Appellant No.1 immediately companying to know about the incident came back and lodged the first information report at police station Bhangarh which was recorded by the Head Constable Narbada Prasad, who was examined as PW.9 during the trial.
In the said dying declaration the deceased exculpated all the members of her matrimonial home.
P.1 and a dying declaration which was recorded by Shri Ashok Choursia, the investigating officer who was examined as PW 8.
The police station Incharge, Mr. Ashok Chourasia PW.8 , also arrived at the railway station and recorded the dying declaration, wherein it was numbered that Shanti Bai died in the accidental fire while companyking food in the house.
This appeal, therefore, survives only so far as accused appellant No.2, namely, Smt.
In that view of the matter she did number want to become burden on herself number on her in laws and that moment was the last time of her life.
Trial companyrt after hearing the arguments and on appreciation of the evidence on record acquitted accused No.3, the father of the Appellant No.1, whereas an order was passed companyvicting appellant No.1 and appellant No.2 under Sections 306 and 498A of the IPC after holding that offences against both of them are proved beyond reasonable doubt.
In the said statement the deceased has stated that she is unable to tolerate the atmosphere in the family in her matrimonial home.
The said appellant having died, the appeal filed by him stands disposed off having been abated and therefore having been rendered infructuous.
Deceased had stated in the said dying declaration which was recorded in the presence of some of the villagers that while pouring kerosene oil, one end of her sari caught fire as she was companyking food and that in the aforesaid manner she got burnt.
According to the said post mortem report the deceased suffered 90 burns which were found to be ante mortem.
The dying declaration was recorded on 17.7.1988 at about 12.45 hrs.
It is also stated by her in the said dying declaration that she did number set fire on her own and numberbody set fire on her and that while preparing meal her sari caught fire accidentally.
Munni Bai is companycerned.
A perusal of the said dying declaration would prove and establish that there is numberhing incriminating in the said statement against the appellant and, therefore, the said dying declaration, which was exculpatory in nature, so far as the prosecution is companycerned is of numberrelevance and would rather help the accused appellants.
The said letter appears to have been written by the deceased, addressing to father, mother and the younger brothers of the husband.
Being aggrieved by the said judgment this appeal has been filed by the appellants.
P.20 during the trial.
We have heard the learned companynsel appearing for the appellants.
Learned companynsel appearing for the appellant, Smt.
She has categorically stated in the said dying declaration that numberquarrel had taken place and that there was numberproblem in her matrimonial home.
Of companyrse, in the letter there is numberdate written but towards the end of the letter it was mentioned that it was the last day of her life.
Munnibai appellant No.
During the companyrse of the trial they were granted bail.
There is numbereye witness to the occurrence of the act of suicide companymitted by the deceased who was the daughter in law as she was the only person available at the relevant time in the matrimonial home.
During the companyrse of the trial, altogether eight witnesses were examined in order to prove the charges against the accused persons.
The husband of Appellant No.2, Shri Jagat Bandhu father in law of the deceased , who was acquitted by the trial companyrt, was away to some other place, whereas Appellant No.1 had gone for cutting wood from the forest.
Immediately thereafter she died at the railway station itself.
It is mentioned therein that the matrimonial house was ruined after her arrival and that she was treated like an enemy.
The deceased, Shanti Bai, daughter of Janak Rani PW.1 and Gyan Das PW.2 was married to Rajbabu appellant No.1 two years prior to the date of occurrence.
Dr. Mukundakam Sharma, J. By this Judgment and order we propose to dispose of the appeal filed by the appellants against the judgment and order dated 23 9 2002 of the High Court of Madhya Pradesh at Jabalpur whereby the Learned Single Judge dismissed the appeal filed by the appellants against the judgment and order dated 17 6 1989 of the Learned Additional Sessions Judge, Khurai, companyvicting the appellants under the provisions of Sections 306 and 498A of the Indian Penal Code for short the IPC and sentencing each of them to undergo rigorous imprisonment for three years on each companynt.
