DASIN BAI @ SHANTI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed by Dasin Bai against the judgment and order dated 1st December, 2006 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.1171 of 2001 by which the High Court while upholding the findings of the Trial Court has dismissed the appeal filed by the appellant. The facts of the case as narrated by the prosecution are briefly stated as under:

(2.) Santosh Yadav covered the body of the deceased with a shawl while Dasin Bai was standing there. Santosh Yadav (PW 1) brought Raju Rajak out, while the smell of kerosene was still emanating from the body of Raju. Raju disclosed that Dasin Bai poured kerosene on him and set him on fire. Raju was taken to Primary health centre, Kota and then he was taken to District hospital, Bilaspur for treatment where on 3.2.2000 he died. In the hospital, dying declaration of Raju was recorded by S.L. Soni (PW 12) in the presence of Radheyshyam (PW 3), Santosh and Basant Singh.

(3.) The investigating officer seized burnt bedding, bed sheet, plastic jerrican, one match box, one half-burnt match stick, half burnt clothes of the deceased and one wrist watch from the place of occurrence. Upon investigation, it was found that Dasin Bai committed murder by setting the deceased on fire. She was arrested, the charge-sheet was filed and the case was committed to the Sessions for trial.