SANTOSH YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal preferred under Sec. 374(2) of Cr.P.C., the accused-appellant has called in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 9/7/2013, passed by the Court of 5th Additional Sessions Judge, Durg (Chhattisgarh) in Sessions Trial No.190/2012 (State of Chhattisgarh vs. Santosh Yadav), whereby he has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.500.00 and, in default of payment of fine, to undergo additional simple imprisonment for 02 months.

(2.) The case of the prosecution, in short, is that on 22/6/2012, in the morning at about 10:00 AM, the accused-appellant herein, in his house situated at Durg, quarreled with his wife, namely, Kavita Yadav (hereinafter referred to as -deceased-) and, in furtherance thereof, poured kerosene oil on her and set her ablaze, due to which she suffered burn injuries to the extent of 40% and, thereafter, died on 12/9/2012 in the hospital during the course of her treatment, and, thereby, the appellant is said to have committed offence under Sec. 302 of IPC.

(3.) The further case of the prosecution is that the marriage of the deceased alongwith the appellant herein was solemnized 17 years prior to the date of offence and, immediately after their marriage, the deceased used to quarrel with the appellant on his habit of consuming liquor and smoking -ganja-. On the fateful date and time also the appellant came to his house under influence of liquor and started quarreling with his wife (deceased) and, at that relevant point of time, their children had gone to school and deceased's mother-in-law, namely, Smt. Pushpa Bai (PW-01) had also gone to Jalaram Vatika for work as labour and there was nobody else in the house except the appellant and the deceased. It is also the case of the prosecution that the appellant herein while quarreling with his wife (deceased) had also used obscene words and further poured kerosene oil and set her ablaze, due to which she suffered 40% burn injuries. Thereafter, the said incident was informed to Smt. Pushpa Bai (PW-01) and the deceased was escorted to the hospital, whereby after having been certified by the doctor that she is in fit condition/state of mind to give statement, her dying declaration (Ex.P/08) was recorded by the Executive Magistrate-cum-Naib Tehsildar, namely, C.P. Mishra (PW-05), wherein she implicated and named the appellant (her husband) who on account of sudden quarrel and under influence of liquor, set her ablaze. The deceased was sent for medical examination and her MLC report is Ex.P/12 and P/17, wherein it has been opined that smell of kerosene oil is present on her body and she has suffered burn injuries to the extent of 40%.