Two accused persons faced trial for offence punishable under Section 302 IPC and in alternative under Section 302 read with Section 34 IPC, as they abjured the guilt.
Saraswati Bai was immediately taken to the Government Hospital at Gadarwara.
Both of them preferred separate appeals before the High Court.
It was upon the report Ex.
P 1 lodged by Kotwar Prahlad Singh PW1 and ASI Balram PW8 registered a case under Section 307 read with Section 34 IPC against the appellant.
He along with Prahlad proceeded to the spot and recorded Saraswatis dying declaration Ex.
In the transit, some of them had seen A1 running away.
On 17th March, 1992 at about 8.00 p.m. hearing screams of Saraswati Bai, persons residing in the neighbourhood viz.
After being deserted by her husband Motilal, she developed illicit relationship with Amol Singh A2 who ultimately kept her as mistress.
P 13 to the SHO requiring him to take necessary action to get dying declaration recorded.
According to him, the cause of Saraswati Bais death was shock due to extensive burns.
On being enquired, she revealed that both the accused persons had sprinkled kerosene over her body and set her ablaze.
However, he preserved the remaining pieces of burnt saree and blouse, earrings, nathni, Bangles and bunch of scalp hair for forensic examination.
Observing that her companydition was serious, Dr. B.P. Gupta PW11 number only admitted her for treatment but also sent a memo Ex.
At the relevant point of time, she was residing in Tapariya hut at village Bichhua.
Rajesh Gupta PW6 , Santosh Gudda PW2 , Mukundi Lal PW4 , Kaliram PW5 , Chhindami Lal PW3 , and Chandra Bhushan rushed towards her hut.
Naib Tahsildar and Executive Magistrate R.K. Dimole PW9 , after obtaining necessary certificate as to fit state of her mind, recorded Saraswati Bais dying declaration between 4.35 a.m. and 4.50 a.m. thereafter, at 9.10 a.m., Saraswati Bai breathed her last in the hospital.
Accordingly, they were companyvicted and sentenced as afore stated.
Appellant Gopal was arraigned in the charge sheet as A1.
According to her, A2 was enraged by her act of taking land belonging to his adversary Raju Seth for cultivation as Bataidar crop sharer .
Accordingly, the case was altered to one under Section 302 IPC.
Dr. ARIJIT PASAYAT, J. Leave granted.
Prosecution version as unfolded during trial is as follows Saraswati Bai deceased was a woman of questionable character.
During investigation, burnt pieces of saree and blouse, one kupiya Container of kerosene, a matchbox, one pair of shoes belonging to A2, a lathi and a broken mala necklace were seized from the spot the appellants were apprehended and a burn injury was also found by Dr. R.K Patel PW10 on the right forearm of A2.
P 3 in the presence of Chhidami Lal PW3 , Kaliram PW5 , Babulal and Chandra Bhushan.
On companysideration of the evidence, the trial companyrt found the accused persons guilty of death of the deceased in furtherance of their companymon intention.
They found Saraswati Bai lying in a severely burnt companydition in the companyrtyard of the hut.
After inquest proceedings, dead body of Saraswati Bai was sent for post mortem, Dr. D.S. Choudhary PW7 found that body of Saraswati Bai, who was carrying more than 3 months pregnancy, had been burnt to the extent of 89.
To prove the accusations prosecution examined 11 witnesses.
