KRISHNA PANDEY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two criminal appeals filed under Sec. 374(2) of Cr.P.C., by two appellants herein, namely, Krishna Pandey (A-1) and Asha Bhoyar (A-2), are directed against a common impugned judgment of conviction and order of sentence dtd. 29/3/2016, passed by the Sessions Judge, Bastar in Sessions Trial No.04 of 2016, whereby they have been convicted for offence under Sec. 302 read with Sec. 34 of IPC and sentenced to undergo imprisonment for life.

(2.) The case of the prosecution, in short, is that on 11/9/2015, at about 07:00 AM, at Village Jaitgiri, Sukugudapara within the ambit of Outpost- Bakawand, Police Station Nagarnar, at the house of Asha Bhoyar (A-2), the two accused-appellants herein firstly shared common intention and, in furtherance thereof, Krishna Pandey (A-1) poured kerosene oil on the body of his wife, namely, Nirmala Pandey and Asha Bhoyar (A-2) lit the match-stick and set her ablaze, due to which Nirmala Pandey suffered burn injuries to the extent of 98% and died on 13/9/2015 during the course of her treatment at Maharani Hospital, Jagdalpur and, thereby, the appellants are said to have committed offence under Sec. 302 read with Sec. 34 of IPC.

(3.) The further case of the prosecution is that Krishna Pandey (A-1) was married to Nirmala Pandey (hereinafter referred to as the "deceased") but was also indulged in relationship with another woman, namely, Asha Bhoyar (A-2). The deceased suspected that her husband Krishna Pandey (A-1) was having illicit relationship with Asha Bhoyar (A-2) and, on that account, on the date of offence, when deceased caught her husband- Krishna Pandey (A-1) at the house of Asha Bhoyar (A-2), a dispute erupted between the deceased and her husband- Krishna Pandey (A-1), in which, as per the case of the prosecution, Krishna Pandey (A-1) poured kerosene oil on the body of the deceased and Asha Bhoyar (A-2) lit the match-stick and set her ablaze. However, when the deceased was burning, appellant-Krishna Pandey (A-1) extinguished the fire by pouring water and escorted her to the Community Health Center, Bakawand, where she was firstly treated and medically examined by Dr. R.K. Chaturvedi (PW-07), who gave MLC report (Ex.P/10) and referred her to the Maharani Hospital, Jagdalpur for better treatment. Thereafter, the deceased was treated by Dr. V.K. Joshi (PW-08) at Maharani Hospital, Jagdalpur, wherein her dying declaration (Ex.P/14) was recorded by Tehsildar, namely, R.S. Sidar (PW-11) in the presence of Dr. V.K. Joshi (PW-08), in which the deceased alleged both the appellants to be the author of the crime in question. However, the deceased succumbed to her injuries during the course of her treatment on 13/9/2015.