MANOJ KUMHAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the judgment and order dtd. 30/12/2016 passed by Second Additional Sessions Judge, Manendragarh, District Korea in Sessions Case No.23/2014, by which the appellant has been convicted for the offence punishable under Sec. 302 of IPC and sentenced to undergo Life Imprisonment with fine of Rs.2000.00 and in the event of non-payment of fine amount, to suffer additional Simple Imprisonment for 3 months.

(2.) Case of the prosecution, in brief, is that on 19/12/2013 at about 1:30 p.m. at his house, the appellant lightened matchstick on the body of his wife Jyoti by which she suffered 70% of burn injuries and later she died on 21/12/2013 during the course of her treatment in the Community Health Centre, Manendragarh. At the hospital, her dying declaration was recorded vide Exhibit P-15 by the Executive Magistrate, PW-18 Amit Kumar Gupta after PW-13 Dr. D.K. Singh certified that the deceased was in a fit mental and physical state to give her dying declaration and which implicated the appellant for the burn injuries caused to his wife Jyoti resulting in her death on 21/12/2013. Postmortem was conducted by PW-17 Dr. Vikas Kumar Poddar vide Exhibit P-21A in which the cause of death of deceased Jyoti has been opined to be due to shock following burn injuries and the mode of death was asphyxia. Merg Intimation was recorded vide Exhibit P-11 and the F.I.R. was registered vide Exhibit P-18. Spot Maps were prepared vide Exhibit P-19 & P-20. Statements of the witnesses who were conversant with the facts of the incident were recorded under Sec. 161 of CrPC. Seizure proceeding was made and the seized articles were sent for chemical examination to F.S.L. Raipur. In F.S.L. report (Exhibit P-24), particles of kerosene have been found on the seized jerry-cane (B) and matchsticks (C).

(3.) After completion of the investigation, the appellant was charge-sheeted for the offence punishable under Sec. 302 of IPC before the concerned jurisdictional Criminal Court from where the case was committed to the Sessions Court, Baikunthpur and after committal, the matter was transferred to the Court of Second Additional Sessions Judge, Manendragarh for trial and its disposal in accordance with law, in which the appellant abjured his guilt, took a plea of false implication and entreated for trial.