RAMESH KUMAR MORYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the four appellants herein under Sec. 374(2) of the CrPC is directed against the impugned judgment dtd. 7/8/2014 passed by the 1st Additional Sessions Judge, Durg, in Sessions Trial No.170/2013, by which while acquitting them under Sec. 498A of the IPC, the trial Court has convicted them under Sec. 302 read with Sec. 34 of the IPC and sentenced them to undergo imprisonment for life & pay a fine of Rs.1,000.00 each, in default, to further undergo additional rigorous imprisonment for six months.

(2.) It is admitted position on record that appellant No.1 is husband of the deceased, whereas, appellants No.2 & 4 are father-inlaw & mother-in-law of the deceased, respectively, and appellant No.3 is sister-in-law of the deceased.

(3.) Case of the prosecution, in a nutshell, is that on 27/4/2013, the appellants herein poured kerosene oil on the body of deceased Shashi and set her ablaze, thereby she suffered serious burn injuries and died on 8/5/2013 while undergoing treatment at JNM Hospital, Bhilai. Further case of the prosecution, in brief, is that deceased Shashi was married to appellant No.1 Ramesh Kumar Morya (A-1) in the year 2010 as per the Hindu rites and rituals. It is also the case of the prosecution that immediately after marriage, the appellants started treating deceased Shashi with cruelty and on 27-4- 2013, appellant No.1 came and quarrelled with her and after some time, he came along with the three other appellants A-2, A-3 & A-4 and caught hold of her and A-4 i.e. mother-in-law poured kerosene oil on her body and A-3 i.e. sister-in-law set her ablaze by matchstick by which she cried and thereafter, some how, she went to her room and poured water on her body and thereafter, the appellants took her to Government Hospital, Utai where she was examined by Dr. M.K. Singh (PW-1) who found burn injuries on her body and referred her to District Hospital, Durg vide Ex.P-2. In District Hospital, Durg, Dr. (Smt.) Sarita Minj (PW-12) extended primary treatment to deceased Shashi and found 60% deep burn injuries and referred her to Medical College Hospital, Raipur for further treatment, however, her family members took her to Sector-9 Hospital, Bhilai where she was treated by Dr. Anirudh Mene (PW-11) before whom she has stated, on being asked, that her in-laws have got her burnt which finds place in bedhead ticket Ex.P-41 and during her treatment, her dehati nalishi Ex.P-20 was recorded at the instance of deceased Shashi in which she has implicated the appellants herein (A-1 to A-4). FIR was registered vide Ex.P-19 and dying declaration of deceased Shashi was recorded by Executive Magistrate R.B. Dewangan (PW-15) on 28/4/2013 at 5.15 p.m. vide Ex.P-45. Other necessary statements of the victim was recorded and the accused persons were arrested on 29-4- 2013. Deceased Shashi died on 8/5/2013 at 3.15 p.m. while undergoing treatment at JNM Hospital, Bhilai which was informed to police vide Ex.P-15. Inquest was prepared vide Ex.P-44 and dead body was subjected to postmortem vide Ex.P-46 which was conducted and proved by Dr. R.K. Nayak (PW-16) who opined that cause of death was shock due to extensive burn injuries with septicemia. Seized articles were sent for chemical examination to the FSL, Raipur, from where report Ex.P-47 was received in which presence of kerosene oil was found of the articles. Statements of the witnesses were recorded under Sec. 161 of the CrPC.