SHIV PRASAD PANIKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal filed under Sec. 374(2) of Cr.P.C., the accused-appellant herein is calling in question the legality, validity and correctness of the impugned judgment of conviction and order of sentence dtd. 31/3/2016, passed by 2nd Additional Sessions Judge, Manendragarh, in Sessions Trial No.46 of 2013, whereby he has been convicted for offence under Sec. 302 of IPC and sentenced to undergo life imprisonment with fine of Rs.3,000.00 and, in default of fine amount, additional simple imprisonment for 06 months.

(2.) The case of the prosecution, in short, is that on 29/1/2013 at about 09:30 PM in the night, at Village Dand Hanshwahi, the accused-appellant herein, in his own house, poured kerosene oil over the body of his wife, namely, Gomti Bai (for short the 'deceased') and set her ablaze, due to which she suffered deep burn injuries to the extent of 85% and died on 30/1/2013 during the course of her treatment at Community Health Center, Manendragarh and, thereby, the appellant is said to have committed offences under Ss. 302 and 498-A of IPC.

(3.) It is further case of the prosecution that the appellant used to suspect the character of his wife (deceased) and, on that account, the appellant used to abuse the deceased, commit 'marpeet' with her, subject her to cruelty and also torture her mentally and physically and, in furtherance thereof, on 29/1/2013 at about 09:30 PM, the appellant poured kerosene oil on the deceased and set her ablaze, due to which she suffered deep burn injuries. Immediately thereafter, the deceased was escorted to Primary Health Center, Kelhari for treatment by Puran Das Panika (PW-22), where on 30/1/2013 at about 12:05 AM, she was treated and medically examined by Dr. Mahesh Singh (PW-17), who upon examination of the deceased gave MLC report (Ex.P/15A), wherein it has been opined that the condition of the deceased was serious, kerosene smell was coming from her body, all superficial parts of the body were burn by flame (scalp to both legs), blister was formed on all parts of the burn and she was referred to Community Health Center, Manendragarh for better treatment. Meanwhile, on 30/1/2013 at about 12:05 AM, the dying declaration of the deceased was recorded vide Ex.P/14A by Dr. Mahesh Singh (PW-17) at Primary Health Center, Kelhari in presence of Puran Das Panika (PW-22), wherein she implicated the appellant herein to be the author of the crime.