AJAY KUMAR BANJARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against impugned judgment of conviction and order of sentence dated 24.03.2014 passed by learned Sessions Judge, Bilaspur CG in Sessions Trial No.152/2013, whereby and whereunder, the appellant has been held guilty of commission of offence and sentenced as described below :

(2.) Prosecution case begins from FIR dated 22.05.2013 lodged in the Police Station Civil Lines, Bilaspur at about 9:40 a.m. by one Suraj Kumar Banjare (PW5), in which, it was recorded that on that day, his brother Ajay Kumar Banjare, the appellant/accused came to the house at about 9:00 am in the morning in an intoxicated condition and started quarreling with him regarding his daughter and at that stage, his sister-in-law (the deceased) pacified quarrel and then the appellant out of anger with intention to cause death poured kerosene oil on the sister-in-law and set her ablaze by lighting with matchstick. Having seen this incident, FIR Informant poured water on her to douse the fire. As a result of burn injuries, face, waist, both thighs, hands, belly, upper belly part were burnt and incident was also seen by his mother and others. After lodging of FIR in Ex.P/15, the injured was admitted in the hospital where she remained there for about 4 days until she succumbed to death on 26th of May, 2013. It is also the case of the prosecution that while injured so admitted receiving treatment of burn injuries, dying declaration was also recorded by Executive Magistrate Sandeep Thakur (PW8).

(3.) The police completed investigation and filed charge-sheet against the present appellant alleging commission of offence of murder of his own wife by setting her ablaze. The prosecution, in order to prove its case, examined as many as 11 prosecution witnesses followed by examination of accused under Section 313 Cr.P.C. in respect of incriminating evidence and circumstances appearing against him in the evidence led by the prosecution. The appellant denied having committed offence and pleaded innocence. No defence witness was examined.