ONKAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the accused / appellant under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay a fine of 500/-, in default, to further ? undergo simple imprisonment for two months.

(2.) It is admitted position on record that marriage of the appellant was solemnized with deceased Kamini Sahu in the year 2003 and they were blessed with two daughters Ku. Benika Sahu (PW-2) and Ku. Khushi. On 26/3/2011, between 8 and 9 p.m., deceased Kamini Sahu suffered superficial to deep burn injuries and at that time, Ku. Benika Sahu (PW-2) and Ku. Khushi both were present and the appellant had taken his wife / deceased to Durg hospital and got her admitted over there and on the next day, she was referred to Medical College Hospital, Raipur, but she was hospitalized at Sector-9 Hospital, Bhilai on 27/3/2011 and she was got discharged from Sector-9 Hospital on 25/4/2011 and thereafter, she died on 25-5- 2011 at 6.30 p.m. Further case of the prosecution, in brief, is that on 26/3/2011, the appellant and the deceased along with their two daughters Ku. Benika Sahu (PW-2) and Ku. Khushi were staying in Village Selud, Distt. Durg and at that point of time, the appellant was serving as Home Guard. It is the case of the prosecution that ten days prior to the date of offence i.e. 26/3/2011, Suryakant Sahu (PW-5) - brother of the deceased, was also staying with the deceased at Village Selud and on 26/3/2011, in the morning, he had gone to Village Pahanda and on that day, father of the deceased Suresh Kumar Sahu (PW-1) asked Suryakant Sahu (PW-5) to call his daughter Kamini Sahu to have a conversation with her, then on being called, they heard the cry of Kamini Sahu 'bachao bachao' and then immediately, Suresh Kumar Sahu (PW-1), Suryakant Sahu (PW-5) and Teekamchand Sahu (PW-7) all reached to the house of the appellant at Village Selud where the smell of burn was coming and kerosene oil was found scattered, and both daughters of the appellant and the deceased were present over there and servant Durga Thakur (PW-4) was also present, and on being asked, it was informed by Durga Thakur (PW-4) that the appellant had taken deceased Kamini Sahu to Durg hospital. It is also the case of the prosecution that Ku. Benika Sahu (PW-2) and another daughter of the appellant and the deceased - Ku. Khushi informed Suresh Kumar Sahu (PW-1), Suryakant Sahu (PW-5) and Teekamchand Sahu (PW-7) that the appellant assaulted their mother by wooden stick and poured kerosene oil on her body and set her on fire, thereafter, all reached to the District Hospital, Durg where the deceased was already admitted. Deceased Kamini Sahu was examined in Outdoor Patient Department, District Hospital, Durg, vide Ex.P-12 which has been proved by Dr. V.S. Baghel (PW9) and in Ex.P-13, which is Indoor Patient Admission Ticket, it was clearly mentioned that the deceased was conscious and it is a case of 50-55% burn injuries and complaint was "flame burn while cooking". Information was given by Govt. Distt. Hospital, Durg to the police on 26/3/2011 at 10.15 p.m. vide Ex.P-14 which has been proved by Dr. V.S. Baghel (PW-9). But later-on, on 27/3/2011, looking to the condition of the deceased that there was superficial to deep burn injuries on chest, abdomen, both limbs, right arm, face and neck, Dr. V.S. Baghel (PW-9) referred her to Medical College Hospital, Raipur / higher centre, however, she was not taken to the Medical College Hospital by the appellant and she was admitted in Sector-9 Hospital, Bhilai on 27/3/2011. Initial Assessment Sheet (Ex.P-16) proved by Dr. Parag Gupta (PW-11) shows that in the column of Chief Complaints, history given by the patient / deceased herself was, she sustained burns while cooking on wooden chulha when she poured kerosene over it at her residence on 26/3/2011. The deceased remained hospitalized and the said hospital informed the appellant and father of the deceased Suresh Kumar Sahu (PW-1) that condition of the deceased is critical having suffered 70% burn injuries and treatment may cost 4-5 lacs to which they agreed and duly signed ? vide Ex.P-17 which has been proved by Dr. Parag Gupta (PW-11) and thereafter, she remained hospitalized. Thereafter, her treatment remained continued in the said hospital at Bhilai and on 25/4/2011 at 10.30 a.m. vide Ex.P-18 proved by Dr. Parag Gupta (PW-11), the deceased was discharged leave against medical advice (LAMA) duly signed by deceased Kamini Sahu as well as her husband, the appellant herein. Thereafter, she was again admitted in hospital at Durg and on 25/5/2011 at 6.30 p.m., deceased Kamini Sahu died pursuant to which morgue intimation under zero number was recorded vide Ex.P9 on the report of Rajesh Kumar, son of Kashyap Kumar and consequently, Morgue Intimation No.48/2011 was registered vide Ex.P-10.

(3.) Inquest was conducted on 26/5/2011 vide Ex.P-2. Postmortem was conducted vide Ex.P-15 by Dr. Vipin Jain (PW-10) and cause of death was reported to be shock and septicemia as a consequence of antemortem burn. Thereafter, FIR was registered on 30/5/2011 vide Ex.P-20 against the appellant and on 1/6/2011 at 7.30 p.m., memorandum statement of the accused was recorded vide Ex.P-4 pursuant to which seizure was made on 1/6/2011 at 7.50 p.m. and danda was seized and on the same day, jerry can was also seized vide Ex.P-6. The appellant was arrested on 1/6/2011 at 10.30 p.m. and the jurisdictional police requested the District Hospital for examination of the injured vide Ex.P-11A and injured Kamini was examined vide Ex.P-11 in which also it has been stated, "flame burn while cooking". Thereafter, statements of the witnesses including the statement of eyewitness Ku. Benika Sahu (PW-2) under Sec. 161 of the CrPC were recorded on 1/6/2011 and statements of Suresh Kumar Sahu (PW-1), Suryakant Sahu (PW-5) and Teekamchand Sahu (PW-7) - both brothers, were also recorded.