RAMKUMAR HARBANSH Vs. STATE OF C.G.

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction & order of sentence dated 303.2005 passed by the Additional Sessions Judge, Sakti, in Sessions Trial No. 435/2004, whereby & whereunder learned Additional Sessions Judge after holding the appellants guilty for commission of culpable homicide amounting to murder of Anitakumari in sharing common intention convicted them under Sections 302/34 of the I.P.C. and sentenced to undergo imprisonment for life and fine of Rs. 1000/-, in default of payment of fine to further undergo R.I. for three months. Conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted & sentenced the appellants as aforementioned and thereby committed illegality.

(2.) As per case of the prosecution, appellant Ramkumar, husband of co-appellant Fulbai, is brother of Ramnarayan Satnami i.e. father of unfortunate deceased Anitakumari. Their houses are adjoining to each other. On account of property dispute, terms between the parties were strained. On 6.7.2004 at about 5.30 p.m. unfortunate deceased Anitakumari, aged about 17 years, was sowing vegetable in kitchen garden; probably kitchen garden was also subject matter of dispute. Appellant Ramkumar assaulted Anitakumari by stick over her buttock, he called his wife appellant Fulbai with kerosene, she came with kerosene oil, appellant Ramkumar poured Kerosene oil over Anitakumari (since deceased) and caught hold her hands, appellant Fulbai ignited match box and set her ablaze, she shouted for help. One girl informed the father of the deceased Ramanarayan Satnami (PW-2) and Sonkunwar Satnami (PW-3), father & mother, they rushed towards the spot, other persons also rushed towards the spot, she made dying declaration before Ramanarayan Satnami (PW-2) and Sonkunwar Satnami (PW-3) that appellant Ramkumar has called Fulbai with kerosene and has poured kerosene oil over her and thereafter, he was holding her and Fulbai has set her ablaze. They immediately took her for treatment to Community Health Centre, Jaijaipur. Ramnarayan Satnami (PW-2) has lodged the F.I.R. vide Ex.P/3. Anitakumari (since deceased) was examined by Dr. S.L. Banjare (PW-9) vide Ex.P/11 and found bum injuries over both lower limbs and both upper limbs, pulse feable, B.P. not recordable, chest, face. Burn injuries were 80% to 90%. Case was of acute emergency. She was in semiconscious. Smell of kerosene was coming out. She was immediately referred to CIMS, Bilaspur vide Ex.P/15. Police requested for recording her dying declaration vide Ex.P/12 which was opined by Dr. S.L. Banjare vide Ex.P/12 that patient was not in a fit state of mind to give statement. They were bringing her to CIMS, Bilaspur, but during the course of journey, Anitakumari died. Constable Jogi Singh was accompanying the injured Anitakumari to CIMS, Bilaspur who lodged Merg vide Ex.P/19. After summoning the witnesses vide Ex.P/1 inquest over the body of deceased Anitakumari was prepared vide Ex.P/2. Bum piece of cloth and burn hairs with kerosene smell were seized from the body of the deceased vide Ex.P/4. Plastic jerry can containing kerosene oil, match box, burn piece of chappal and burn piece of cloth were seized from the spot vide Ex.P/16. One bamboo stick lying near the place of incident was seized from appellant Ramkumar vide Ex.P/17. Spot map was prepared by investigating officer vide Ex.P/18. Dead body was sent for autopsy to Community Health Centre, Jaijaipur vide Ex.P/13, where Dr. S.L. Banjare (PW-9) conducted autopsy vide Ex.P/14 and found following symptoms and injuries:--

(3.) Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short 'Code') and after completion of investigation, charge sheet was filed in the Court of Additional Chief Judicial Magistrate, Sakti, who in turn committed the case to the Court of Sessions, Bilaspur, from where the learned Additional Sessions Judge, Sakti, received the case on transfer for trial.