KANHAIYA VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal preferred by the appellant herein under Sec. 374(2) of the CrPC is directed against the impugned judgment dtd. 29/6/2016 passed by the 5th Additional Sessions Judge, Raipur, in Sessions Trial No.175/2014, by which the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 1,000/-, in default, additional rigorous imprisonment for one month.

(2.) Case of the prosecution, in brief, is that on 25/5/2014 at about 1.30 p.m., at Village Charauda, Near the house of Smt. Ritu Verma (deceased), Verma Gali, Police Station Dharsinwa, District Raipur, the appellant poured kerosene oil over the body of his wife Ritu Verma and alighted matchstick by which she suffered grievous injuries and she was admitted the hospital where she succumbed to the burn injuries sustained by her and died on 30/5/2014. During the course of treatment, her dying declaration was recorded by Jageshwar Kaushal (PW-12), Tahsildar, vide Ex.P-12 in which she has implicated the present appellant as the assailant. Before dying declaration, on 26/5/2014, she was certified to be in fit state of mind for giving dying declaration. After death of Ritu Verma, her dead body was subjected to postmortem vide Ex.P-11 which was conducted by Dr. S.K. Bagh (PW-11) who opined that death was due to cardio-respiratory failure as a result of burn injuries and their complication. Seized articles were sent for chemical examination to the FSL, Raipur, from where report Ex.P-21 was received in which presence of kerosene oil was found on Article A ' plastic jerrycan. Statements of the witnesses were recorded under Sec. 161 of the CrPC.

(3.) After due investigation, the appellant was charge-sheeted before the jurisdictional criminal court and charge was framed against him under Sec. 302 of the IPC and the case was committed to the Court of Sessions, Raipur, from where the learned 5th Additional Sessions Judge, Raipur received the case on transfer for trial.