DURGA VISHWAS Vs. STATE OF C.G

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 15.1.2002 passed by 6th Additional Sessions Judge (FTC), Surajpur in Sessions Trial No.453 of 1993, whereby the Appellants have been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that name of the deceased is Laxmibai. Appellant No.1 is mother-in-law of the deceased and Appellant No.2 is sister-in-law of the deceased. Marriage between deceased Laxmibai and son of Appellant No.1, namely, Krishna Vishwas was solemnised in November, 1992. On 22.7.1993, the deceased, who was pregnant, was got admitted by her husband in Mission Hospital, Ambikapur in her 94% burn condition telling that she burnt accidentally. On 22.7.1993 itself, at 10:30 p.m., dying declaration (Ex.P11) of the deceased was recorded by Tahsildar Rajesh Kumar Shahi (PW10) and on the same day at 22:55 hours, her statement under Section 161 of the Code of Criminal Procedure (Ex.P18) was recorded and in none of which she levelled any allegation and she stated her burn to be accidental. Next day, i.e., 23.7.1993, at 21:20 hours, written complaint (Ex.P1) was submitted by brother of the deceased, namely, Ramchandra Sen (PW1). On the basis of Ex.P1, initially, offence under Sections 307, 498A, 34 of the Indian Penal Code was registered vide First Information Report (Ex.P2). Again on 23.7.1993, at 6 p.m., dying declaration (Ex.P22) of the deceased was recorded by Tahsildar C.L. Yadav (PW12) in which the deceased levelled allegations against her mother-in-law, father-in-law and sister-in-law. It was alleged by her that her mother-in-law (Appellant No.1) poured kerosene on her from her back and both the Appellants set her on fire by a matchstick. It was also alleged that the father-in-law was standing there silently. Thereafter, on 23.7.1993, at 19:15 hours, again statement of the deceased under Section 161 of the Code of Criminal Procedure (Ex.P19) was recorded. During the course of treatment, the deceased died in the hospital on 27.7.1993. Morgue was lodged. Inquest proceeding was conducted. Post mortem examination over her dead body was conducted by Dr. V.K. Shrivastava (PW4). His report is Ex.P4. Statements of other witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge- sheet was filed against the Appellants and father-in-law of the deceased. Charges were framed against them. During trial, the father-in-law died.

(3.) In support of its case, the prosecution examined as many as 12 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellants denied the guilt and pleaded innocence. 2 witnesses, namely, Krishna Vishwas (DW1), husband of the deceased and Jagbandhu (DW2), neighbour of Krishna Vishwas have been examined in defence.