AJAY KUMAR AGRAWAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29th of August, 1996 passed in Sessions Trial No. 114/95 by the Third Additional Sessions Judge, Raipur. By the impugned judgment, the appellants have been convicted u/Ss. 302/34 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/- with default sentence of R.I. for 3 months. The facts, briefly stated, are as under:--

(2.) Mr. Datt, learned Sr. Counsel appearing on behalf of the appellants, has firstly contended that the Sessions Judge was not justified in refusing the contention that it was not a case of homicidal death. The argument cannot be accepted. Dr. S.C. Talariya (FW-10) had conducted autopsy on the dead body of the deceased. He had found above external and internal injuries on the dead body. There were no blisters on the dead body. He clearly opined that the deceased had sustained postmortem burns. The postmortem report would show that carbon particles were not found in the nostrils or trachea of the deceased. The Autopsy Surgeon has also opined that if a person dies out of bum injuries in a closed room, carbon particles should be found in his nostrils and trachea. According to the accused persons, the room of the deceased was closed from all the sides and the windows etc. were also closed. Thus if the deceased would have died out of burn injuries, she must have inhaled carbon particles which we do not find in this case. That apart we also note that there was a fracture on the right femoral. In a simple burn case, such fracture may not be found. Kerosene was found on the burnt cloths and the pieces of the quilt and cushion found just below the dead body and the container of kerosene was seized from a different portion of house on the discoveries made by the accused. The accused persons had offered explanation that the fire caught the cushion on account of shot-circuit. But, the report of the Asst. Engineer (PW-13) would show that there was no shot-circuit in the electricity connection of the room. Had it been a case of burn by shot-circuit, the kerosene would not have been found on the cloths, quilt & cushion of the deceased in FSL report. The dead body was found on the bed. In normal circumstances, if the quilt of the bed of a person gets fire, he/she would get up and would save his/her life.

(3.) Mr. Datt has argued that the evidence of expert examined by the defence, Dr. D.C. Jain (DW-2), would suggest that the bums were ante-mortem. We have gone through the evidence of DW-2. He has deposed that in cases like present one in which the burns were of 5th and 6th degree it cannot be ascertained only on account of non-formation of blisters that the burns were post-mortem. He admitted in Para-8 of his examination-in-chief that the death could have been homicidal, suicidal or accidental. However, he did not depose as to whether, the burns were ante-mortem or postmortem. Admittedly carbon particles were not found either in the nostrils or in the trachea or respiratory system of the deceased which must have been found in case of death by burn which is also agreed by both the experts. Many photographs of the deceased have been brought on record. According to them, the deceased was found on her bed in extensive burnt condition. We are of the view that in light of the above medical evidence and further in light of the other surrounding circumstances, the learned Sessions Judge was fully justified in recording a finding that it was a case of homicidal death.