SUSHIL KUMAR SONWANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellant under Sec. 374 of the Code of Criminal Procedure against the impugned judgment of conviction and order of sentence dtd. 22/9/2011 by which appellant has been convicted for the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000.00, in default of non-payment of fine, additional R.I. for one year has been awarded.

(2.) The case of the prosecution, in brief, is that on 17/3/2011, at about 2:30 PM, appellant poured kerosene oil on his wife Janki Bai and set her ablaze, as a result of which she succumbed to the burn injuries on 16/4/2011 and thereby committed the offence punishable under Sec. 302 of the Indian Penal Code.

(3.) Further case of prosecution is that on 17/3/2011, information was received by the concerned police station from District Hospital, Kawardha that one Janki Bai is admitted in the hospital, having suffered burn injury, in furtherance of which, dying declaration (Ex. P/16) of the deceased Janki Bai was recorded by Nayab Tehsildar Panchram Bhaskar (PW-8) on which deceased made statement that her husband, the present appellant, demanded money for liquor and when she refused to give money, he assaulted her and thereafter poured kerosene oil on her and set her ablaze. When she was admitted in the hospital, it was found that she had suffered 90-95% burn injury. Thereafter, on 22/3/2011 she was discharged from the said hospital but then she died on 18/4/2011 due to infection. Thereafter, inquest was conducted vide Ex. P/2A and the Post Mortem was conducted vide Ex. P/5 in which the cause of death is said to be burn due to septicemia and secondary infection. From the spot, certain articles including plain soil, blood-stained soil, matchsticks, bottle of kerosene oil were seized vide Ex. P/1. After due investigation, the appellant/accused was charge-sheeted for the offence punishable under Sec. 302 of IPC which was registered and committed to the Court of Sessions, Kabirdham (Kavardha) for hearing and disposal in accordance with law. The appellant/accused abjured his guilt and entered into defence.