SHIV PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dtd. 13/3/2003, passed by the Learned Third Additional Sessions Judge (FTC), Mungeli, District Bilaspur in Sessions Trial No. 148 of 1997, whereby and whereunder the Learned Third Additional Sessions Judge has convicted the appellant under Sec. 498-A/ 34 of the Indian Penal Code (for short 'the IPC') and sentenced him to undergo RI for two years and to pay fine of Rs.2,000.00 with default stipulation.

(2.) The case of the prosecution, in brief, is that about 4 to 5 years prior to the date of incident, marriage of accused Shiv Prasad and deceased Geeta Bai was solemnized. It is alleged that while residing in the matrimonial home, deceased Geeta Bai was subjected to torture by the accused. It is also alleged that accused Shiv Prasad had illicit relationship with his sister-in-law and it was the reason that the deceased was tortured mentally and physically and dowry was also demanded from her. On the date of incident i.e. 14/8/1996, it was Holi festival and at about 7:00 pm, the deceased was in the kitchen and her husband Shiv Prasad had been away from home and at that time rest of the accused persons poured kerosene on her body and set her on fire, due to which she got 80% burns. After the incident, Shiv Prashad returned to the place of incident. Deceased' Geeta Bai was admitted in District Hospital on 15/8/1996. One information was sent to P.S. Kotwali, Bilaspur vide Ex. P/5. Statement of the deceased was recorded on 16/8/1996 vide Ex. P/3. During the course of treatment, one dying declaration was recorded by the Executive Magistrate, D.R. Khunte (DW-2). Later on, final dying declaration Ex. P/24 was again recorded by the Executive Magistrate, R.P. Tiwari (PW-20) on 21/8/1996 in which deceased ' Geeta Bai stated that all the accused persons were actively engaged in pouring kerosene on her body and setting her on fire. Deceased succumbed to the injuries sustained by her on 30/8/1996.

(3.) Merg intimation Ex. P/6 was recorded by P.S. Pandariya, District Bilaspur. Inquest on the dead body of the deceased was conducted vide Ex. P/2 and postmortem vide Ex. P/8 was conducted by Dr. Nilima Sharma (PW-13) alongwith Dr. K.K. Sharma in which it was opined that deceased ' Geeta Bai died as a result of complications from burn injuries. On the basis of merg enquiry, First Information Report Ex. P/6-A was lodged on 3/10/1996 against the accused persons namely Krishna Bai, Sanat, Hirau, Kailashi Bai, Vaishkanya Bai, Parwati Bai, Sanat Satnami, Lakhuram and Hariram for the offence under Sec. 306/ 34. Statements of the witnesses were recorded under Sec. 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). After completion of investigation, the appellant was charge-sheeted along with other co-accused. During pendency of the appeal, accused Hirau and Hariram expired. Except present appellant all the accused were charged under Sec. 302/149 IPC alternatively they were charged for commission of offence 304 B IPC. Appellant Shiv Prasad was charged under Sec. 498-A/ 34 of the IPC The appellant denied the charges levelled against him. The prosecution examined as many as 21 witnesses and the defence examined three witnesses. On being examined under Sec. 313 of the Cr.P.C., denying all the incriminating evidence against him, the appellant pleaded innocence and false implication. It was submitted that the death of deceased - Geeta Bai was accidental. After giving opportunity of hearing and leading evidence to the prosecution and the defence, the impugned judgment has been passed in which accused - Shiv Prasad was convicted under Sec. 498-A of the IPC and sentenced to RI for two years and to pay fine of Rs.2,000.00. Hence, this appeal.