BHARAT DHEEMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 30.06.2010 passed by the 14th Additional Sessions Judge (FTC), Raipur in ST. No.209/08 whereby & whereunder the trial Court after holding the appellant guilty for causing homicidal death of his wife deceased Santoshi Bai, amounting to murder, convicted him under Section 302 of the Indian Penal Code (for short 'IPC) and sentenced to undergo R.I. for life and fine of Rs.500A, in default to undergo additional R.I. for 01 month.

(2.) Conviction is impugned on the ground that without there being an iota of evidence the trial Court has convicted & sentenced the appellant as aforementioned, and thereby committed illegality.

(3.) As per case of the prosecution, unfortunate deceased Santoshi Bai was residing with the appellant as his wife. On 11.12.2002 between 6-7 a.m. the appellant abused his wife, assaulted her and thereafter poured kerosene oil over her and set her ablaze. She came out from her house and shouted for help. She made dying declaration to her neighboured that the appellant has set her ablaze. The neighbourers extinguished fire and thereafter brought her to the Primary Health Centre, Aarang for treatment where she was examined by Or. Samay Singh Parihar (PW-6) vide Ex.P-6 who noticed 80% superficial burn injuries. He referred her to the Medical College Hospital, Raipur for further treatment. He also intimated the police by telephone and at the request of police, he examined her and gave, fitness certificate for recording of her statement vide Ex.P-7. PW-13 G.N. Baghel, the then Station In-charge of Police Station Aarang, reached to the hospital, recorded Dehati Nalishi, as stated by injured Santoshi Bai, vide Ex.P-20 and finally he registered First Information Report vide Ex.P-21. Dying declaration of the deceased was recorded vide Ex.P-8 by PW-8 Arvind Sharma, the then Tahsildar. During the course of treatment, Santoshi Bai died on 14.12.2002. Death was intimated by the Medical College Hospital, Raipur to the Police Station Maudhapara vide Ex.P-15. Merg was recorded vide Ex.P-16. After summoning the witnesses vide Ex.P-13, inquest over the dead body of the deceased was prepared vide Ex.P-14. Dead body was sent for autopsy to the Medical College Hospital, Raipur where Dr. Vikas Kumar Dhruv (PW-2) conducted autopsy vide Ex.P-2 and found following symptoms and injuries;-