GANPAT SINGH Vs. STATE OF C.G.

JUDGEMENT

(1.) This criminal appeal preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure is directed against the impugned judgment dtd. 07/12/2019 passed by the learned 1st Upper Sessions Judge, Surajpur, District Surajpur, C.G. in Sessions Case No.02/2017, whereby the appellant has been convicted for commission of offence under Sec. 302 of the IPC and sentenced to undergo R.I. for life and to pay fine of Rs.2000.00, in default of payment of fine amount to undergo additional S.I. for 6 months.

(2.) The prosecution case in brief, is that on 27/10/2016 the deceased Sankunwar in a burnt state was admitted to the Government District Hospital, Ambikapur in the emergency department and at that time she was talking and conscious. Since the condition of the injured was serious, Dr. P.R. Shivhare (PW-21) referred her to Bilaspur Burn and Plastic Surgery Department. Thereafter, the relative of the injured Sankunwar took her from the District Hospital, Ambikapur to Holy Cross Hospital, Ambikapur, District Surguja on 27/10/2016 at about 12.00 pm but during such treatment at about 2.00 pm she died. The merg was registered and the dead body was subjected to postmortem. In the postmortem report it was opined that the death was due to burn injures and from the place of incident the burn Lungi was recovered and certain articles i.e. half burn match box in the scattered state, utensil which was having smell of Kerosene, hairs of the deceased, half burn blouse & petticoat and another match box and the accused who was wearing a half burn full shirt etc. were seized. At the time of the incident, the deceased was pregnant by 7 months. According to the prosecution on 26/10/2016 on certain dispute the appellant, who is the husband of the deceased, poured kerosene on her and set her ablaze.

(3.) Thereafter, after recording of the statement of the witnesses, the charge- sheet was filed. The accused/appellant abjured his guilt and claimed to be tried. The prosecution on its behalf examined as many as 22 witnesses and exhibited 30 documents and Articles from A1 to A5 i.e. the Indoor Patient Registration Slip, Admit Card, O.P.D. Slip, Refer Letter and Bed Heard Ticket. The learned Sessions Judge after evaluating the facts & evidence convicted the accused as aforesaid. Hence this appeal.