MOHAN SINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 22-11-2010 passed by the II Additional Sessions Judge (FTC), Korba in S.T. No. 73/08 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default thereof to undergo additional R.I. for three months.

(2.) In the present case, name of the deceased is Sandhya who was second wife of the accused/appellant. It is alleged that on 12-8-2008 there was some quarrel between the accused/appellant and the deceased and thereafter, the deceased was burnt by the accused/appellant after pouring diesel. She was immediately taken to hospital where here MLC (Ex.P/4) was conducted by P.W. 3 Dr. V. S. Rathore at about 12.30 a.m. who noticed 96% burn injuries on the body of deceased. Thereafter, dying declaration Ex. P/5 of the deceased was recorded wherein she has stated that she was burnt by the accused/appellant. On the same day i.e. 13-8-2008 at about 3.25 a.m. the deceased expired. Intimation Ex.P/6 was sent to the Police Outpost Rampur, Police Station Kotwali, based on which merg intimation Ex.P/7 was recorded at zero number and thereafter, numbered merg intimation was recorded on 16-8-2008 at P.S. Balso. Post-mortem (unexhibited) was conducted on the body of the deceased on 13-8-2008 by Dr. R. K. Divya and according to her, cause of death was shock due to extensive superficial to deep dry burn ante-mortem in nature. After filing of charge-sheet, charge under Section 302 of IPC was framed against the accused/appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 12 witnesses. Statement of the accused/appellant was also recorded under Section 313 of Cr. P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.