ASHOK GIRI GOSWAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of the CrPC preferred by the appellants ' accused persons herein is directed against the impugned judgment of conviction and order of sentence dtd. 21/10/2014 passed by the 2nd Additional Sessions Judge Sakti, District Janjgir-Champa, Chhattisgarh, in Sessions Trial No. 103/2013 by which appellant namely Ashokgiri Goswami (A-1), has been convicted for offence under Sec. 302 and sentenced to undergo imprisonment for life with fine of ?1,000/-, in default of payment of fine additional rigorous imprisonment for 15 days and for offence under Sec. 498-A of the IPC sentenced to undergo for rigorous imprisonment for 3 years with fine of ?500/-, in default of payment of fine additional rigorous imprisonment for 10 days and appellants namely Taragiri Goswami (A-2) and Kalyanibai (A-3) have been convicted for offence under Sec. 302 read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life with fine of ?1,000/-each, in default of payment of fine additional rigorous imprisonment for 15 days and for offence under Sec. 498-A read with Sec. 34 of the IPC and sentenced to undergo imprisonment for life with fine of ? 500/- each; in default of payment of fine additional rigorous imprisonment for 10 days.

(2.) Case of the prosecution, in short, is that on 30/11/2012 at village Mukta, appellants namely Ashokgiri Goswami (A-1), husband of Parmeshwari Bai (now deceased), Taragiri Goswami (A-2), brother-in-law of Parmeshwari Bai, and Kalyanibai (A-3), mother-in-law of Parmeshwari Bai, caused the death of Parmeshwari Bai by setting her ablaze after pouring kerosene oil on her body by which she suffered grievous burn injuries to the extent of 80%-85% and during treatment she died on 14/12/2012. Further case of the prosecution is that marriage of Parmeshwari Bai (deceased) and A-1 was solemnized 5 to 6 years prior to the date of offence and they were blessed with three children and immediately after the marriage of Parmeshwari Bai (deceased) and A-1, appellants (A-1, A-2 and A-3) were started treating her (deceased) with cruelty and demanded dowry, on account of that on 30.11.20212, A-1 poured kerosene oil on her body and set her ablaze and A-2 and A-3 thrown terrycot saree on her body by which she suffered grievous burn injuries to the extent of 80% to 85%. She was immediately taken to the hospital by the appellants herein at Metro Hospital, Raigarh where during treatment on 14/12/2012 she died. In Metro Hospital, Raigarh, she (deceased) had given dying declaration (Ex.P/11) to Executive Magistrate Amit Shrivastava (PW-29) on 30/11/2012 and it was certified one of the doctor of the said hospital that she was in fit physical and mental state of mind to give dying declaration vide Ex.P/37. In dying declaration (Ex.P/15) she has implicated appellants herein. Merg intimation was registered vide Ex.P/2. FIR was registered vide Ex.P/8. Inquest proceedings (Ex.P/4) were conducted and the dead body of the deceased was sent for postmortem. As per postmortem report (Ex.P/46), proved by Dr. Chaturbhuj Mishra (PW-22), cause of death was septicemic shock resulting from extensive burn (80%-85%).

(3.) After due investigation, appellants herein were charge-sheeted for the aforesaid offences and the case was committed to the Court of Sessions for trial in accordance with law. The appellants / accused persons abjured their and entered into defence.