GOVIND SINGH Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises out of judgment and order dated 11.04.2013 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No. 587 of 2008 in and by which the High Court has affirmed the conviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed upon the appellant.

(3.) Case of prosecution is that on 23.05.2007 at 07.30 PM, deceased Lalita was sitting in her room along with her friend DevKumari (PW-1); while her mother Indra Kunwar (PW-2) was cooking food inside the house. At that time, the appellant-father of the deceased came to her room and took out the bulb saying that he wanted to connect the same in the courtyard. When deceased asked her father Govind Singh not to do so, he disconnected the wire. When deceased started reconnecting the wire, the appellant asked her not to do and abused her which resulted in wordy quarrel. Out of anger, the appellant-accused threw burning chimney lamp on the deceased Lalita causing her burn injuries. Upon hearing the cries of the deceased, her mother (PW-2) and her friend Dev Kumari (PW-1) rushed near her. Ram Dayal (PW-4) and Mannu (PW-3) extinguished the fire by pouring water on the deceased. Immediately thereafter, deceased was taken to Community Health Centre, Odgi where she was attended by Dr. P.K. Patel (PW-9). After giving her the preliminary treatment, deceased was referred to District Hospital, Ambikapur. While deceased was taking treatment at District Hospital, Ambikapur, she succumbed to her injuries on 30.05.2007. Initially the case was registered under Section 307 IPC which was subsequently altered into Section 302 IPC. The dying declaration of the deceased (Ex.P-16) was recorded by PW-21-Executive Magistrate in the presence of Dr. P.K. Patel (PW-9) who certified as to the fit, mental condition of the deceased. The eye witnesses Dev Kumari (PW-1), mother Indira Kunwar (PW-2), Manu Singh (PW-3) and Ram Dayal (PW-4) did not support the case of the prosecution and turned hostile. Mainly relying upon the dying declaration (Ex.P-16), the trial court convicted the appellant-accused under Section 302 IPC and sentenced him to undergo life imprisonment. The High Court affirmed the conviction under Section 302 IPC and also the sentence of imprisonment imposed upon the appellant. Being aggrieved, the appellant is before us.