JOHN BALIHAR Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and sentence dtd. 12/3/2003 passed by the Ist Additional Sessions Judge Surguja (Ambikapur) in Sessions Trial No.123/2002, whereby the appellants have been convicted for the offence under Sec. 306/34 IPC and sentenced them to undergo RI for 10 years with fine of Rs.5000.00, in default to pay fine amount, further RI for 1 year to each appellants.

(2.) Brief facts of the case is that one Ramdhan Pando has given a merg intimation to the police Station Lakhanpur, Surguja on 17/9/2000 at about 20:30 hours intimating that the deceased Aloka Rani, working as an Angan Badi worker and residing along with her 10 year old son (Chintu), has committed suicide by setting herself ablaze on 17/9/2000 at about 12:45 pm in her house. When the villagers asked her about the incident, she replied that she herself has committed suicide. Thereafter, she was being taken to Lakhanpur hospital from where she was referred to Ambikapur hospital. When she was being taken to Ambikapur hospital, on the way she died. Merg intimation Ex.P/5 was recorded by the police and started merg enquiry. The inquest Ex.P/7 of the deadbody was prepared in presence of the witnesses. The body was sent for postmortem to primary health centre Lakhanpur where PW-9, Dr. P.S. Kerketta has conducted postmortem and gave his report vide Ex.P/18. While conducting postmortem, the doctor found 100 percent burn injuries. He also found Carbon particles present in nostril, deep burn in chest, abdomen and both thigh. 100 percent burn in rest part of the body. Blisters present at place, there is exudate from burn area. Present burn is antemortem in nature. The doctor has opined that cause of death is shock as a result of antemortem burn. Vide seizure memo Ex.P/3, Jerikane contained with kerosene, aluminum pot, one match box, burnt piece of clothes and one burnt matchstick was seized from the spot in presence of the witnesses. Vide Ex.P/10 one steel glass from which poisonous like smell coming out, 4 nos. photo, 3 nos. letter written by Raju, 5 nos. letter written by deceased Aloka Bai and 4 nos. of another letters written by deceased Aloka were seized. FIR Ex.P/11 was registered by the police for the offence under Sec. 306 IPC against the appellants and also against one Khursheed Miyan. The seized articles were sent for FSL examination. FSL report is Ex.P/15 in which it has been found that the seized plastic Jerikane and burnt pieces of clothes contains with kerosene oil whereas, aluminum pot, the match box and burnt matchstick does not contain with kerosene oil. Spot map Ex.P/17 was prepared by the police and Ex.P/19 was prepared by the Patwari.

(3.) It is also the case of the prosecution that when the deceased was being taken to Lakhanpur Hospital, PW-9, Dr. PS Kerketta have taken her dying declaration Ex. P/1.