KALABAI versus STATE OF MADHYA PRADESH

Citation: [2019] 8 S.C.R. 19 · Decided: 30-04-2019 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Case Partly allowed

Judgment (excerpt)

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KALABAI
v.
STATE OF MADHYA PRADESH
(Criminal Appeal No. 763 of 2019)
APRIL 30, 2019
[ASHOK BHUSHAN AND K.M. JOSEPH, JJ.]
Penal Code, 1860: ss. 304 Part II and 302 – Murder –
Dying declaration – On facts, quarrel between the victim and her
husband and during the quarrel, appellant-sister-in-law who was
living on the lower floor of the house arrived at the scene – She
threw the burning kerosene stove on the victim – Victim suffered
burn injuries, resulting in her death – Conviction and sentence of
the appellant u/s. 302 by the courts below – On appeal, held: Dying
declaration recorded within few hours of admission of the victim in
the hospital was relied by the courts below, wherein the victim stated
as to how she was burned – There is no evidence to come to
conclusion that the appellant had any intention to kill the deceased
– However, there cannot be any issue that when a person throws a
burning stove on a person there is knowledge that the act is likely
to cause death – Trial court rightly held that accused threw burning
stove on the deceased but whether the act was done with intention
to cause death had not been adverted to by the trial court – In the
facts and circumstances of the case, the appellant can be said to
have committed offence u/s. 304 Part II – Conviction of the appellant
is altered from s. 302 to s. 304 Part II and sentenced of life
imprisonment is reduced to rigorous imprisonment for five years.
 Hari Shanker v. State of Rajasthan (1998) 8 SCC 355
– relied on.
Case Law Reference
 (1998) 8 SCC 355
   relied on
Para 8
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal
No.763 of 2019.
[2019]  8 S.C.R. 19
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SUPREME COURT REPORTS
[2019] 8 S.C.R.
From the Judgment and Order dated 25.03.2014 of the High Court
of Madhya Pradesh, Bench at Indore in CRA No.453 of 2002.
Pawan Reley, Ms.Anuradha Mutakar, Advs. for the Appellant.
Mrs. Swarupama Chaturvedi, Adv. for the Respondent.
The Judgment of the Court was delivered by
ASHOK BHUSHAN, J. 1.This appeal has been filed by the
appellant against the judgment and order of the High Court of Madhya
Pradesh, Bench at Indore dated 25.03.2014 by which Criminal Appeal
filed by the appellant questioning her conviction and sentence under
Section 302 IPC has been dismissed.
2. The prosecution case in brief is:
Deceased, Smt. Lalita Bai was wife of Vijay Singh. The appellant
is sister-in-law of the deceased. On 20.08.1999 in the late evening a
quarrel was going on between Lalita Bai and her husband, Vijay Singh.
The appellant who lives on the ground floor came on the first floor where
Lalita Bai was boiling milk on battiwala stove. Appellant threw the burning
stove on the deceased due to which clothes of deceased caught fire and
serious burn injuries were caused. Husband of the deceased got her
admitted in the M.Y. Hospital, Indore. On receiving information from
the Hospital, a Police Inspector reached the Hospital. The information
was mentioned in the Rojnamcha and Head Constable, Udai Pal Singh
was sent in the Hospital where Lalita Bai was being admitted with burn
injury with 96% burn. Report was asked for from the Incharge-Medical
Officer as to whether patient was in a position to give the statement,
after receiving certificate that the patient was fit to give statement, I.O.
informed the Executive Magistrate-cum-Naib Tehsildar for recording
her statement. Executive Magistrate-cum-Naib Tehsildar reached
Hospital and recorded the statement of the patient, Lalita Bai. On the
basis of the report case under Section 307 read with Section 34 IPC
was registered on 20.08.1999. Lalita Bai, during the course of treatment
died on 23.08.1999 and case has been registered under Section 302
IPC. Chargesheet was submitted both against Kalabai and Vijay Singh
and the trial proceeded against both of them.
3. The prosecution in support of its case has produced 24
witnesses. The trial court after considering the evidence on record and
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relying on the dying declaration of the deceased recorded on 21.08.1999
held the appellant guilty of murder. Appellant was convicted with life
imprisonment and fine of Rs.2,000/-. Vijay Singh, husband of deceased
was acquitted from charge under Section 302 read with Section 34 IPC.
Appellant filed a criminal appeal in the High Court challenging her
conviction and sentence. The High Court by the impugned judgment has
dismissed the criminal appeal giving rise to this appeal.
4. This Court vid

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