IN THE HIGH COURT OF MADHYA PRADESH

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AT JABALPUR

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BEFORE

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HON'BLE SHRI JUSTICE VIVEK AGARWAL

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&

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HON'BLE SHRI JUSTICE RATNESH CHANDRA SINGH BISEN

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ON THE 19

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th

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OF FEBRUARY, 2026

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CRIMINAL APPEAL No. 1671 of 2016

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RAJVENDRA @ RAJVIND

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Versus

THE STATE OF MADHYA PRADESH

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Appearance:

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Shri Jagat Kumar Dehariya - Advocate appointed as Amicus Curiae for

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appellant.

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Shri Arvind Singh - Government Advocate for the respondent/State.

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J U D G M E N T

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Per

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: Justice Ratnesh Chandra Singh Bisen

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This criminal appeal under Section 374(2) of the Cr.P.C. has been

filed by the appellant, being aggrieved by the judgment dated

12/05/2016 passed by the learned Sessions Judge, Damoh, District

Damoh (M.P.) in S.T. No. 100069/2015, whereby the learned trial Court

convicted the appellant under Section 302 of the IPC and sentenced him

to undergo life imprisonment with a fine of Rs. 3,000/-, and in default of

payment of fine, to undergo additional rigorous imprisonment for six

months.

2. Learned counsel for the appellant submits that, in the present

case, the prosecution story in brief is that on 11.02.2013 at 03:10 p.m.,

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the deceased, Maya Bai, was admitted to District Hospital, Damoh, by

her father-in-law Mitthu for treatment of burn injuries. She had sustained

100% burn injuries. During her treatment, her dying declaration was

recorded by the Naib Tehsildar. She stated that her husband had an illicit

relationship with one Kamla Bai. When she objected to it, the accused

beat her. On 11.02.2013 at about 12:00 p.m., they had an altercation,

during which the accused poured kerosene on her and set her ablaze. Her

father-in-law Mitthu and neighbor Geeta Bai took her to the District

Hospital. At the hospital, the police recorded a Dehati Nalishi based on

her statement. The police also recorded her statement under Section 161

of the Cr.P.C. She died at about 09:30 p.m. on the same day. Thereafter,

an FIR was registered under Section 302 of the IPC against the accused

at Police Station Hindoriya. After investigation, a charge-sheet was filed

and the accused was arrested. It is submitted that there are numerous

contradictions and omissions in the depositions of the prosecution

witnesses. The prosecution has failed to prove its case beyond

reasonable doubt, and therefore, the benefit of doubt should be given to

the accused. In these circumstances, the judgment passed by the trial

Court deserves to be set aside and the appellant be acquitted of the

aforesaid charge.

3. Shri Arvind Singh, learned Public Prosecutor for the State

supported the judgment of conviction passed by the trial Court.

4. Heard the learned counsel for the parties.

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5. From the evidence of Geeta Bai (PW-1), Darbari Basore (PW-

2), and Mitthu Basore (PW-3), it is revealed that these witnesses reside

near the house of the accused and the deceased. When they reached the

scene upon learning of the incident, they saw a crowd gathered at the

accused’s house and found Maya Bai lying in a burnt condition inside

the room. She was taken to District Hospital, Damoh, where she was

alive at that time. These witnesses were declared hostile by the

prosecution and were cross-examined with leading questions.

6. From the statement of Kamla Bai (PW-4), it is also evident that

the accused's wife had suffered burn injuries and had died.

7. Basant Kumar Basore (PW-5), the brother of the deceased, stated

that he received information about his sister being burned. He found her

in a burnt condition at District Hospital, Damoh. His sister told him to

take care of her child. On the same night at about 09:00 p.m., she passed

away.

8. Bhadai Basore (PW-6), who is brother of the deceased Maya

Bai, stated in his testimony that when he reached at District Hospital

Damoh, his sister had already died.

9. Mahesh Mishra (PW-9) was posted as Naib Tehsildar at Tehsil

Damoh on 11.02.2013, and by him, the dying declaration of the

deceased Maya Bai was recorded at 4:00 PM on 11.02.2013 at the

District Hospital Damoh, in which the deceased Maya Bai stated that

due to her husband having an illicit relationship with Kamla Bai Basore,

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there used to be fights day and night between her and the accused

Rajendra, and today in the afternoon, when she objected, Rajendra

poured kerosene on her and set her on fire. The dying declaration is

Ex.P-13. From this witness's statement, it is also evident that before

recording the statement of the deceased Maya Bai, he had examined her

by the duty doctor to check her condition to give statement.

10. From the statement of Dr. Umesh Tantuvay (PW-7), it is

revealed that this witness was posted as Medical Officer at the District

Hospital Damoh on 11.02.2013 and on the said date at 3:10 PM, the

injured Maya Bai was brought to the district hospital for treatment. On

the same date, the Naib Tehsildar recorded the dying declaration of the

injured Maya Bai at 4:00 PM in the women's surgical ward of the

District Hospital Damoh. Before recording the statement by the Naib

Tehsildar Mahesh Mishra, injured Maya Bai had been examined by him.

After the examination, he noted on part-A to A of Ex.P-13 that the

injured Maya Bai was fit to give the statement. The statement of the

injured Maya Bai was recorded by the Naib Tehsildar in his presence.

11. From the evidence of Ramavatar Pandey (PW.13), it is

revealed that this witness was posted as In-Charge at Police Chowki

Bandakpur, Police Station Hindoria on 11.02.2013. Upon receiving

information, he went to the women's surgical ward of the District

Hospital Damoh, where injured Maya Bai orally recorded a Dehati

Nalishi (Ex.P-19), in which the injured Maya stated that her husband

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Rajvendra had an illicit relationship with a woman named Kamla Bai

and when she objected, he used to beat her. On the date of incident, with

the intention to kill her, her husband Rajvendra poured a container full

of kerosene on her and set her on fire with a matchstick and fled. On the

basis of Dehati Nalishi (Ex.P-19), he registered Crime No. 28/2013

under Section 307 IPC against the accused Rajvendra at Police Station

Hindoria. The First Information Report is Ex.P-21.

12. Thus, from the evidence of Naib Tehsildar, Mahesh Mishra

(PW-9), Dr. Umesh Tantuvay (PW-7) and Sub-Inspector Ramavatar

Pandey (PW-13), it is proved that the deceased Maya Bai was admitted

on 11.02.2013 in a burned condition in the Women's Surgical Ward,

District Hospital Damoh, she was capable to speak and in her own dying

declaration was recorded, in which she clearly stated that the accused

Rajvendra had an illicit relationship with a woman named Kamla Bai

and the dispute arose between the accused and the deceased Maya Bai

on this account. On the date of the incident also there was a dispute

between the deceased and the accused on this point and the accused

poured kerosene on the deceased and set her on fire, as a result of

which, the deceased's entire body was burnt. The deceased was admitted

in District Hospital Damoh in a burnt condition, where she died during

treatment.

13. As regards the argument made on behalf of the appellant that

witnesses Geeta Bai (PW-1), Darbari Basore (PW-2), and Mitthu Basore

(PW-3) stated in their testimonies that the deceased was not able to

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speak, and therefore, the dying declaration becomes suspicious. Solely

on this basis, the above argument made on behalf of the appellant is not

acceptable in the context of the evidence of Naib Tehsildar Mahesh

Mishra (PW-9), Dr. Umesh Tantuvay (PW-7), and Sub-Inspector

Ramavatar Pandey (PW-13). Additionally, it is appropriate to mention

here that from the evidence of Basant Kumar Basore (PW-5), it is

revealed that when this witness reached the hospital and met his sister,

there was a conversation with the deceased and the deceased told him to

take care of her child. This fact proves that the deceased Maya Bai was

speaking and she was in a condition to speak.

14. Khilan Singh Choudhary (PW-11) stated that he was posted as

the Head Constable at Police Station Hindoria on 12.02.2013. On the

said date, he had registered a Marg No.6/132 (Ex.P-17) upon

presentation of a Marg No.0/15 (Ex.P-16) by Constable 125

Gayaprasad at Police Station Hindoria, due to death of deceased Maya

Bai during treatment. Sub-Inspector Ramavatar Pandey (PW-13)

prepared the dead body panchayatnama (Ex.P-9) on 12.02.2013 and sent

the deceased's body for postmortem. Dr. Umesh Tantuvay (PW-7)

conducted the postmortem of the deceased Maya Bai and according to

this witness's opinion, the cause of death of the deceased was cardio-

respiratory arrest due to 100% burns. The postmortem report is Ex.P-14.

15. Surendra Kumar Dwivedi (PW.12) stated that he was posted

as Sub-Inspector at Police Station Hindoria on 12.02.2012 and the

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statements of witnesses Geeta Bai, Mitthu Basore, and Darbari were

recorded by him on 12.02.2013. On 13.02.2013, he had inspected the

spot as pointed out by witness Mitthu and Darbari and prepared the spot

map (Ex.P-2). From the place of incident, one kerosene container

containing about half a liter of kerosene, pieces of burnt saree and

blouse from which kerosene smell was emanating, pieces of four broken

bangles, one matchbox and half-burnet matchsticks were seized by him

in the presence of witnesses and seizure memo (Ex.P-3) was prepared.

On 18.02.2013, the statements of witnesses Lalaram, Kailash, Magan

Basore, Kashiram, Kadori Lal, Bhagwandas, Munna Basore, Dhuria,

Kamala Bai and Shakun Bai were recorded as per their version.

16. Lakhan Lal Shrivastava (PW-10) stated that on 19.10.2013, he

was posted as Inspector at Police Station Hindoria and on said date,

during the investigation, he had recorded the statements of witnesses

Bhadai Basore, Ramrani and Basant Basore as per their version. The

accused was absconding and after the accused was arrested,

supplementary challan proceedings were conducted by him.

17. From the evidence of None Singh Thakur (PW-15), it is

revealed that after conducting postmortem of the deceased Maya Bai

Basore, the Doctor had handed over him two sealed container containing

hair and skin of the deceased Maya Bai, which he took and seized at

Police Chowki Bandakpur, the seizure memo is Ex.P-15. The same fact

is corroborated by the statement of Heeralal Rajak (PW-8) as he was

this witness who seized the material mentioned in Ex.P-15 from None

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Singh Thakur (PW.15) and prepared the seizure memo (Ex.P-15).

18. Pooran Lal Athya (PW-14) stated that on 28.10.2013, he was

posted as Patwari in Patwari Halka No. 39/53, Village Bandakpur, and

on the said date, he went to the scene of incident and prepared the spot

map (Ex.P-4) in the presence of witnesses.

19. Dr. Abhay Jain (PW-16) was posted as Medical Officer at

District Hospital Damoh on 11.02.2013. This witness admitted that on

the said date, Maya Bai was admitted at 3:10 PM in 100% burned

condition and she died on the same date at 9:25 PM. The

intimation/information (Ex.P-28) regarding death of deceased was sent

by him to the Police Station In-Charge, Kotwali, Damoh.

20. M.L. Choudhary (PW.17) was posted as Assistant Sub-

Inspector at Police Station Kotwali, Damoh on 11.02.2013. From this

witness's statement, it is revealed that on the said date, Compounder

Bhagwandas from District Hospital Damoh had presented intimation

(Ex.P-28) regarding death of deceased Maya Bai before him, based on

which he recorded Marg No. 0/13 under Section 174 Cr.P.C., which is

Ex.P-16.

21. Thus, upon analyzing the entire evidence presented by the

prosecution in this case, the prosecution witnesses Geeta Bai (PW.01),

Darbari Basore (PW-2), and Mitthu Basore (PW-3), who reached the

place of incident, have supported only the fact that the deceased was

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found in a burnt condition and was taken to the District Hospital Damoh,

but not supported on other points. The prosecution's case rests solely on

the dying declaration of the deceased Maya Bai.

22. Thus, considering the dying declaration in this case, the

deceased Maya Bai was admitted to the District Hospital Damoh on

11.02.2013 at around 3:10 PM in a burnt condition for treatment. To

record the dying declaration of the deceased Maya Bai, Naib Tehsildar

Mahesh Mishra (PW.09) went in the evening on 11.02.2013 and

recorded the dying declaration from 4:00 PM till 4:15 PM. The deceased

stated that her husband Rajvendra had an illicit relationship with another

woman Kamla Bai, due to which, there used to be fighting day and night

between the deceased and the accused. On the date of the incident also,

on the same issue, the accused poured kerosene on the deceased and set

her on fire. Dr. Umesh Tantuvay (PW-07) has certified that the

injured/deceased Maya Bai was in a fit condition to give the dying

declaration and was speaking. Similarly, Sub-Inspector Ramavatar

Pandey (PW-13) recorded the Dehati Nalishi (Ex.P-19) at the District

Hospital based on the information given by the deceased, in which the

deceased Maya Bai stated that the accused Rajvendra had poured

kerosene on her and set her on fire, as a result of which, she burnt. No

fact emerged in the cross-examination of the above three witnesses,

namely Dr. Umesh Tantuvay (PW-07), Mahesh Mishra (PW-9) and

Ramavatar Pandey (PW-13), on the basis of which, disbelieve could be

placed on their statements.

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23. The cause of the incident is also clear from the dying

declaration that the accused had an illicit relationship with a woman

named Kamla Bai, due to which, there were disputes between the

deceased Maya Bai and the accused, and due to this dispute, the accused

poured kerosene on the deceased Maya Bai and set her on fire.

24. The Hon’ble Supreme Court in case of Purshottam Chopra

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and another Vs. State (Government of NCT of Delhi), reported in

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(2020) 11 SCC 489,

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has held that a dying declaration could be the sole

basis of conviction even without corroboration, if it inspires confidence

of the court. The court should be satisfied that the declarant was in a fit

state of mind at the time of making the statement; and that it was a

voluntary statement, which was not the result of tutoring, prompting or

imagination.

25. Additionally, it is noteworthy that after committing the

incident, the accused absconded and he was arrested after almost more

than two years from the incident. This fact also reflects the conduct of

the accused. Kumari Divya Bansal (DW-1), who is the daughter of the

deceased and the accused, admitted in paragraph 4 of her cross-

examination that her grandfather Mitthu took her mother to the hospital

and her father fled from the place of occurrence. This fact also proves

that the incident was committed by the accused.

26. In view of aforesaid, we are of the considered view that the

trial Court has properly appreciated the evidence on record and has

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(VIVEK AGARWAL)

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JUDGE

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(RATNESH CHANDRA SINGH BISEN)

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JUDGE

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committed no illegality, perversity, or material irregularity in recording

the conviction and sentence, therefore, no interference is warranted in

the impugned judgment.

27. Accordingly, this appeal, being devoid of merit, deserves to be

and is hereby dismissed

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.

28. Record of the trial Court be sent back.

sp/-

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