GAIT RAM SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 31.5.2011 passed by the Additional Sessions Judge , Mungeli, Distt. Bilaspur in S.T.No.59/09 convicting the accused/appellant under Sections 302 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.2,000/- and in default thereof to suffer additional R.I. for one year.

(2.) As per prosecution case, on 11.8.2009 at about 9 pm the accused after tying up his wife Santoshi with the pole, poured kerosene on her and set her afire as a result of which she suffered severe burn injuries. She was first taken to Community Health Center, Mungeli, from where she was shifted to Chhattisgarh Institute of Medical Sciences, Bilaspur on 12.8.2009 where her MLC (Ex.P/9) was conducted, according to which she suffered 81% burn injuries, mostly on the front portion of her body. During treatment she succumbed to burn injuries on 16.8.2009. Based on information given by ward boy of the hospital unnumbered merg (Ex.P/10) was registered at CIMS Kotwali, Bilaspur and thereafter numbered merg (Ex.P/6) was recorded. After merg enquiry, FIR (Ex.P/13) was registered against the accused/appellant on 14.9.2009 under Section 302 of IPC. Postmortem on the body of the deceased was conducted by PW-14 Dr.K.K. Jaiswal along with Dr. Anjali Chipde vide Ex.P/16 and noticed 80% burn on the body of the deceased and opined that the cause of death was burn, mode of death was secondary shock and that the death was homicidal in nature. After investigation charge sheet was filed against the accused/appellant under Section 302 of IPC and accordingly charge was also framed.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 14 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. In his defence he examined one Shrawan Kumar as DW-1.