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2000 Supreme(MP) 467

S.P.KHARE
Ramesh Kumar And Ors. – Appellant
Versus
State Of Madhya Pradesh – Respondent


JUDGMENT

S.P. Khare, J.

1. The appellants have been convicted under Sections 498A and 306, I.P.C. and sentenced to rigorou imprisonment for two years and seven years respectively. They have also been sentenced to pay a fine of Rs. 500/- each for the first offence and Rs. 1,000/- each for the second offence.

2. Deceased Saraswati Bai was wife of Manrakhan (P.W. 6). Accused Ramesh is his brother. Accused Ramwati is wife of Ramesh. Accused Sushila Bai is wife of another brother of Manrakhan (P.W. 6). Accused Mayaram and Bhag Bai are his parents. Accused Beniram is father of Ramwati.

3. A gruesome incident took place in the house of Saraswati Bai in village Chhatod on 18.2.1998 at 9.00 p.m. Not only she set herself on fire but at the same time she poured kerosene on her three children and set them ablaze. All the four have died. Saraswati Bai was admitted in the Mission Hospital at Tilda on 18.2.1998. Her dying declaration was recorded by Baleshwar Ram (P.W. 32) on 19.2.1998 at 1.10 a.m., that is Ex. P/47. Saraswati Bai was then shifted from Tilda to Bhilai Hospital. On 20.2.1998 at 8.00 p.m. another dying declaration of Saraswati Bai was recorded by S.R. Mandai (P.W. 26), Naib Tahsildar a






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