JUDGMENT

Dr. B.S. CHAUHAN, J.

1. 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. By this order the appellant had been convicted 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.

2. Facts and circumstances giving rise to this appeal are:

A. That on 18.6.1984, Guddi, daughter-in-law of the present appellant Smt. Kaliya was admitted to J.A. Hospital, Gwalior in a burnt condition. Her dying declaration was recorded and she died of the burn injuries on the same day. Information from hospital was given to Police Station, Jhansi Road, Gwalior. Her dead body was sent for post-mortem and all formalities were properly completed.

B. An FIR was lodged and after the completion of the investigation, a charge-sheet was filed against the appellant alongwith her husband and so