RAJU Vs. STATE OFF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellant-accused is directed against the impugned judgment of conviction and order of sentence dtd. 10/3/2014 passed by the learned Sessions Judge, Durg, District Durg, in Sessions Trial No.218/2013 by which appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.4000.00; in default of payment of fine additional rigorous imprisonment for four months.

(2.) Case of the prosecution, in short, is that on 30/6/2013 at about 11:00 pm at Rawanbhatha, Supela, Police Statioin Supela, District Durg, appellant poured kerosene oil on body of his sister-in-law -Jyoti Yadav and set her ablaze by which she suffered burn injury and on 6/7/2013 during treatment, she succumbed to death and thereby committed the offence.

(3.) Further case of the prosecution is that the deceased - Jyoti Yadav used to stay with her husband - Ratan Yadav (PW-3) and at the same place appellant herein along with her grand-mother - Sukhiya Bai used to stay. It is also the case of the prosecution that on the fateful day in the night at about 11:00 pm the appellant visited the house of the deceased - Jyoti Yadav and her husband - Ratan Yadav (PW-3) and quarreled with them and asked them to vacate the suit house claiming that it is owned by his grand-mother - Sukhiya Bai, which was refuted by Ratan Yadav (PW-3) and deceased - Jyoti Yadav, and then, out of anger and out of provocation the appellant poured kerosene oil on deceased - Jyoti Yadav lying there and set her ablaze by which she suffered burn injury and immediately thereafter, fire was extinguished by Ratan Yadav (PW-3) and she was taken to the Supela Hospital. Dying declaration of the deceased -Jyoti Yadav was recorded on 1/7/2013 by Madhu Harsh, Additional Tehsildar-cum-Executive Magistrate (PW-12) vide Ex.P/20 after having been certified by Dr. Sarita Minz (PW-14) to be in fit state of mind and during treatment she died on 6/7/2013. Dead body was sent for postmortem which was conducted by Dr. Nalin Chadra Rai (PW-6) and as per the postmortem report (Ex.P/8) cause of death is septicemia due to 65% burn injury.