Kaliya was admitted to J.A. Hospital, Gwalior in a burnt companydition.
We have heard Shri S.K. Dubey, learned Senior companynsel for the appellant and Ms. Vibha Datta Makhija, learned companynsel for the respondent State.
Her dying declaration was recorded and she died of the burn injuries on the same day.
23 and 17 of 1992, respectively before the Madhya Pradesh High Court.
Hence, this appeal.
His statement stands fully companyroborated by the evidence of Merry Kutty Michael, the staff nurse, PW.5 who was present at the time of recording her dying declaration.
The appellant as well as the other companyaccused filed Criminal Appeal Nos.
After hearing companymotion, some neighbours reached the place of occurrence and extinguished the fire by pouring water on her body and took her to the hospital.
The prosecution examined a large number of witnesses including Dr. Nirmal Kumar Gupta PW.18 who recorded the dying declaration, Merry Kutti Michael PW.5 , the staff Nurse who was present at the time of recording the dying declaration.
An FIR was lodged and after the companypletion of the investigation, a chargesheet was filed against the appellant alongwith her husband and son under Section 498 A IPC, the appellant was additionally charged under Section 302 IPC.
In the hospital her dying declaration was recorded wherein she had specifically stated I was lying on the company then my mother in law by pouring kerosene oil and setting fire in my silk saree ran away.
The testimony of both these witnesses, namely, Dr. Nirmal Kumar Gupta PW.18 and Merry Kutty Michael PW.5 remained unimpeached.
Her dead body was sent for post mortem and all formalities were properly companypleted.
If she had been admitted in the hospital with 100 burns she would number be in a state to get her dying declaration recorded.
After the companyclusion of the trial, the appellant was companyvicted under Section 302 IPC and sentenced as mentioned hereinabove, though, other companyaccused Amar Singh son of the appellant and Bheema husband of the appellant stood companyvicted under Section 498 A IPC and sentenced to undergo RI for 3 years.
In the FIR there is a full reference of the dying declaration recorded by Dr. Nirmal Kumar Gupta PW.18 .
After the death, the post mortem was companyducted wherein it was opined that she died of burn injuries.
So far as the incident dated 18.6.1984 was companycerned, Guddi suffered 100 per cent burn injuries at her house.
Information from hospital was given to Police Station, Jhansi Road, Gwalior.
The High Court dismissed the appeal of the present appellant vide impugned judgment and order dated 6.12.2005 but allowed the appeal of the other companyaccused acquitting them of the said charges.
Dr. Miss. Bharti Kanned who was on duty and Merry Kutti Michael, Staff Nurse PW.5 were witnesses to the dying declaration recorded by Dr. Nirmal Kumar Gupta PW.18 .
Dr. B.S. CHAUHAN, J. This appeal has been preferred against the judgment and order dated 6.12.2005, passed by the High Court of Madhya Pradesh Gwalior Bench in Criminal Appeal No.23 of 1992, affirming the judgment and order dated 10.1.1992 passed by Additional Sessions Judge, Morena in Sessions Trial No.5 of 1985.
Facts and circumstances giving rise to this appeal are That on 18.6.1984, Guddi, daughter in law of the present appellant Smt.
By this order the appellant had been companyvicted under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as the IPC and sentenced to life imprisonment and a fine of Rs.500/ had also been imposed, and in default of payment of fine to undergo RI for three months.
