ABDUL RASID Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 11-3-2005 passed by 8th Additional Sessions Judge, Durg (FTC) in Sessions Trial No.122 of 2004, whereby and whereunder learned Additional Sessions Judge, after holding the appellants guilty for commission of culpable homicide amounting to murder of Wahidaa Begum, convicted the appellants under Section 302 read with Section 34 of the IPC and sentenced them to undergo life imprisonment and to pay fine of Rs.1000/-, each in default of payment of fine to further undergo R.1. for six months.

(2.) Conviction of the appellants is impugned on the ground that without any iota of evidence, the court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) As per case of prosecution, appellant No.2 Jahida Begum is the sister of unfortunate deceased Wahida Begum and both were residing under the same roof with appellant No.1 Abdul Rasid. On 7-4-2004 at about 2.15 a.m. at night appellant Jahida Begum was quarrelling with deceased Wahida Begum. During the course of quarrel appellant No.1 Abdul Rasid husband of co-appellant Jahida Begum brought kerosene oil from kitchen and poured over the deceased Wahida Begum. Appellant No.2 Jahida Begum gave burning lamp to her husband and told him to set the deceased ablaze, then appellant No.1 Abdul Rasid set her ablaze and she was badly burnt. Husband and mother of the deceased and other tenants extinguished the fire and brought her to District Hospital, Durg where she lodged dehati nalsi which was recorded by R.A Dhruv, Sub Inspector (PW/20) vide Ex.P/26 who requested PW/2 Pulak Bhattacharya, Executive Magistrate (PW/2) for recording her dying declaration. At that time, she was in a fit state of mind to give her statement and the same was certified by PW/5 Dr. P. Akhtar. PW/2 Pulak Bhattacharya, Executive Magistrate recorded her dying declaration in question and answer form vide Ex.P/2 at 5.10 a.m. on 7-4-2004 and she died on the same day.