VIMLA BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 28/09/2013 passed by learned 3rd Additional Sessions Judge, Durg in Sessions Trial No. 254/2011 whereby he has been convicted for offence punishable under Sec. 302 of IPC and he has been sentenced to undergo life imprisonment with fine of Rs.500.00 and in default of payment of fine, additional R.I. for 1 month.

(2.) Case of the prosecution, in brief, is that in the intervening night of 29-30/07/2011 near Teen-Darshan Temple, Boudh-Vihar, Camp-1, Bhilai, the appellant herein poured kerosene oil over her husband Khemraj Shyamkunwar and set him ablaze and caused his death thereby, committed the aforesaid offence.

(3.) Further case of the prosecution is that appellant and deceased had entered into a love marriage on account of which family members of the deceased were not happy and they did not even participate in their wedding. On the night of the incident, deceased came home after consuming liqour on account of which some dispute arose between the appellant and his younger brother Dinesh Kumar Shyamkunwar (P.W.-5) and thereafter, all the family members went to sleep. Late at night, appellant informed Bhoomiraj Shyamkunwar (P.W.-1), brother of the deceased, that her husband has set himself on fire and he has suffered burn injuries. Thereafter, fire was extinguished and appellant, who had suffered severe burn injuries, was taken to the District Hospital, Durg for treatment. He was examined by Dr. R.K. Naik (P.W.-15) and as per the MLC report (Ex. P/16) though he had suffered 90-95% burn injuries but he was in a conscious condition and so, Dr. R.K. Naik (P.W.-15), after certifying that he was physically and mentally fit to give his dying declaration, himself proceeded to record the dying declaration of the deceased vide Ex. P/18 at about 05:10 AM on 30/07/2011 in which the deceased stated that his wife (appellant herein) poured kerosene oil over him and set him ablaze. On the same day, at about 11:45 PM, deceased succumbed to his injuries which was informed to the Police and merg intimation was registered vide Ex. P/9 and P/10. Inquest was conducted vide Ex. P/1 and the dead body was subjected to postmortem which was conducted by Dr. A.K. Mishra (P.W.-11) and as per the postmortem report (Ex. P/8), cause of death is said to be shock on account of 100 % burns. First information report was lodged against the appellant vide Ex. P/12 and after due investigation, appellant was charge-sheeted for offence punishable under Sec. 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.