RAKESH PARDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this criminal appeal under Sec. 374(2) of the CrPC, three appellants herein have called in question legality, validity and correctness of the impugned judgment dtd. 31/8/2015 passed by the 1st Additional Sessions Judge, Durg in Sessions Trial No.182/2013 by which they have been convicted for offences under Ss. 498A read with Sec. 34, 304B read with Sec. 34 & 302 read with Sec. 34 of the IPC and sentenced to undergo rigorous imprisonment for one year & pay a fine of ? 500/- each, in default, to further undergo additional rigorous imprisonment for one month; rigorous imprisonment for ten years; and imprisonment for life and to pay a fine of ? 1,000/- each, in default, to further undergo additional rigorous imprisonment for two months, respectively.

(2.) Case of the prosecution, in brief, is that deceased Kavita was married to Rakesh Parde - appellant No.1 herein and the appellants used to treat her with cruelty demanding dowry. On 9-1- 2013 at 10.00 a.m. in the morning, after seven years of marriage of Kavita with appellant No.1, he (appellant No.1) poured kerosene oil on the body of Kavita and set her ablaze and thereby committed the offence. Further case of the prosecution is that on 9/1/2013 at 10.00 a.m., deceased Kavita was in the kitchen of the house and at that time, three appellants herein came there and started quarrelling with her demanding dowry and in furtherance of common intention, appellant No.1 poured kerosene oil on her body while appellants No.2 & 3 caught hold of her and appellant No.1 set her ablaze by which she suffered deep burn injuries. Kavita was admitted in the hospital in burnt condition and vide Ex.P-5, the concerned doctor has informed to Police Station Supela pursuant to which an application was made requesting the medical officer to certify as to whether injured Kavita is in fit medical condition to make dying declaration or not which was certified by the medical officer to be in fit medical condition on 9/1/2013 at 3.05 p.m.. Accordingly, dying declaration of the deceased was recorded vide Ex.P-8 by Executive Magistrate G.P. Sharma (PW-4) in which she did not implicate any of the appellants herein stating the burn injuries on account of personal / family reasons. Thereafter, brother of the deceased - Raju Kailash Kuhikar (PW-8) gave an application to the Station House Officer, Police Station Chhawani, Bhilai on 11- 1-2013 vide Ex.P-11 to re-record the dying declaration of Kavita alleging undue influence and inducement while recording dying declaration Ex.P-8 pursuant to which again, dying declaration of Kavita was recorded on 15/1/2013 vide Ex.P-9 in which the present appellants were also implicated and thereafter, Kavita succumbed to the injuries sustained by her and died on 16/1/2013. Inquest over the dead body of the deceased was conducted vide Ex.P-10. Stove, match stick, burnt clothes, kerosene oil, etc., were recovered from the spot and dead body was sent for postmortem which was conducted by Dr. Bhewan Markam (PW-10) vide Ex.P-18 and cause of death was stated to be shock and sepsis due to antemortem extensive deep burn. Seized articles were sent for forensic examination to the Forensic Science Laboratory, Raipur from where report Ex.P-25 was brought on record in which kerosene particles were found on the said articles.

(3.) Statements of the witnesses were recorded under Sec. 161 of the CrPC. After usual investigation, the accused / appellants were charge-sheeted for offences under Ss. 498A read with Sec. 34, 304B read with Sec. 34 and 302 read with Sec. 34 of the IPC and charge-sheet was filed before the jurisdictional criminal court and the case was committed to the Court of Sessions from where the Additional Sessions Judge received the case on committal for trial and hearing and disposal in accordance with law.