ROSHAN SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant against impugned judgment dtd. 31/07/2013 passed by learned Additional Sessions Judge, Bemetara in Sessions Trial No. 18/2011 whereby he has been convicted for offence punishable under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.500.00 and in default of payment of fine, further R.I. for one month.

(2.) Case of the prosecution, in brief, on 25/01/2011 in between 1 to 2 PM, the appellant herein poured kerosene oil over his wife Dulari Sahu, aged 18 years, and set her ablaze due to which she suffered severe burn injuries and succumbed to death and he, thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that marriage of appellant and deceased Dulari Sahu, daughter of Heeraman Sahu (P.W.-1) and Smt. Lakhni Bai (P.W.-6), was solemnized 8 months prior to the incident in accordance with Hindu rites and rituals and after marriage, deceased Dulari Sahu was residing at her matrimonial home along with her husband (appellant) and her father-in-law and mother-in-law at Village Kanvra Jevra. On 25/01/2011, at about 2 PM, the appellant herein informed his father-in-law Heeraman Sahu (P.W.-1) that her daughter (deceased) has set herself on fire and has burnt herself. Thereafter, Heeraman Sahu (P.W.-1), Smt. Lakhni Bai (P.W.-6) and Smt. Uma Bai (P.W.-7) left in a Marshal for Village Kanvra Jevra. On the way, they met with the appellant near Beltukri turn who was escorting deceased Dulari Sahu to Mission Hospital, Mungeli. After reaching the hospital, deceased Dulari Sahu was admitted and when her father Heeraman Sahu (P.W.-1) asked her as to how she got burnt, she informed him that appellant quarreled with her and after asking her to remove all her ornaments, he poured kerosene oil on her and set her on fire. During her treatment, information was given by the hospital to Mungeli Police Station. Thereafter, Badri Singh Rajput (P.W.-5), the Station House Officer, reached the hospital and wrote an application to the J.M.F.C, Mungeli vide Ex. P/5 for recording dying declaration of the deceased and also wrote an application to the Hospital vide Ex. P/6 for conducting MLC and for certifying as to whether the deceased was in a condition to give her dying declaration. MLC was conducted by Dr. N.R. Samuel (P.W.-17) and as per the MLC report (Ex. P/6), deceased had mostly suffered third degree burns and the nature of injuries were grievous and it was certified by Dr. Anil Henry (P.W.-12) vide Ex. P/5 that deceased was fully conscious and talking and she was in a condition to give her statement. Pursuant thereof, dying declaration of the deceased was recorded by Yugal Kishore Urvasha (P.W.-19), Tahsildar Mungeli vide Ex. P/11 on 25/01/2011 at 07:45 PM in the presence of Dr. Anil Henry (P.W.-12) and Dr. N.R. Samuel (P.W.-17) in which deceased has stated that her husband (appellant) started quarreling with her saying that she did not respect him and after pouring kerosene oil over her body, he set her ablaze and thereafter, he escorted her to the hospital himself. On the next day, i.e. on 26/01/2011, while undergoing treatment, Ramdulari Sahu succumbed to death which was informed by Wardboy Sandeep Bagh (P.W.-18) to Police Station Mungeli wherein Sub-Inspector Bodhan Singh (P.W.-20) registered zero merg intimation vide Ex. P/23 and during merg inquiry, he issued summons to the witnesses under Sec. 175 of CrPC vide Ex. P/1 and thereafter, conducted inquest vide Ex. P/2. Nazri naksha was prepared vide Ex. P/3 and the dead body was subjected to postmortem, which was conducted by Dr. Vibha Sendhu (P.W.-13) and as per the postmortem report (Ex. P/7), cause of death is said to be shock resulting from 90-100% burn injuries.