NARAYAN RAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under section 374 (2) of the Code of Criminal Procedure questioning the legality and correctness of the judgment passed by Additional Sessions Judge, Baloda Bazar in Session Trial No. 89/95 by which learned Additional Session Judge after holding the accused/appellant guilty under section 302 of the IPC for causing the homicidal death of his wife namely Preeti has sentenced him to undergo imprisonment for life.

(2.) The case of the prosecution in brief is that Preeti was the wife of the accused/appellant. On 10.12.1994 when Preeti was cleaning the house the appellant abused and beat her and after pouring kerosene on her set her on fire. Thereafter, the appellant took her to Primary Health Centre Sarsiwan where Dr. B. Chaurasiya PW-15 sent an information P-13 to the Station House Officer of Police Station Sarsiwan to the effect that Preeti, the wife of the appellant was brought to C.D. Sarsiwan as a case of burn. Station House Officer vide memo of P-12 addressed to the Assistant Surgeon, Primary Health Centre requested the doctor to examine Preeti and submit his report. Thereafter, the doctor examined Preeti and found that patient was not fully conscious and smell of kerosene was emanating from her body. Doctor further found that Preeti had sustained 75 per cent third degree burn injuries which was fatal to life. Station House Officer of Police Station Sarsiwan was advised to shift the patient immediately to District Hospital for proper treatment. Station House Officer of Police Station Sarsiwan vide memo P-17 dated 10.12.1994 inquired whether Preeti was in a position to give her statement or not on which Dr. Chaurasiya vide memo of Ex P-14 informed that she was not able to give statement as she was not fully conscious. Thereafter, Assistant Surgeon, Primary Health Centre, Sarsiwan vide memo of Ex. P-16 referred Preeti to D.K. Hospital, Raipur. In-charge of Police outpost, D.K. Hospital Raipur vide memo dated 12.12.1994 (P-21) addressed to Chief Medical Officer, D.K. Hospital, Raipur inquired whether the deceased was in a position to give statement or not. G.M. Ansari, the Naib Tehsildar and Executive Magistrate (PW-21) recorded the dying declaration of Preeti on 12.12.1994 vide Ex. P-23. On the information given by Krishna Rao, ward boy of D.K. Hospital that the patient Preeti, wife of Narayan Rao who was admitted in the hospital after receiving 90 per cent burn on 10.12.1994 had died at 1.00 a.m. on 15.12.1994. Merg intimation of Ex P-4 was registered. Thereafter, Dehati Nalsi dated 15.12.1994 (P-20) was also registered at Police outpost, D.K. Hospital, Raipur mentioning therein that on 12.12.1994 Bharat Rao son of Bodhan Rao informed in the police outpost that on 12.12.1994 his niece Preeti was set on fire by Narayan Rao and he admitted her for treatment for her burn injuries and she wished to give her statement. On the basis of Dehati Nalsi offence under section 302 of the IPC was registered against the accused/appellant. Her dying declaration was recorded by the Executive Magistrate Shri G.M. Ansari in which she stated that Narayan Rao had set her on fire after pouring kerosene on her body. On inquiry her father also stated that Narayan Rao had set Preeti on fire. Inquest report over the dead body was performed vide Ex P-7. Body was sent for post-mortem examination to the Assistant Surgeon, Raipur vide P-22. Dr. D.C. Jain ( not examined) conducted the postmortem examination on the body of the deceased and submitted his report P-22. Post-mortem report has been proved by prosecution witness Dr. Arvind Nerulwar, PW-20, the Demonstrator at D.K. Hospital, Raipur as the doctor who performed autopsy has not been examined. In the post-mortem report it is mentioned that the deceased had sustained 80 per cent third degree burn injuries and infection was also found. Crime No. 124/1994 was registered in the Police Station Sarsiwan after receipt of the diary from the police station City Kotwali, Raipur on 17.12.1994. Spot map P-17 was got prepared by Halka Patwari. The report from the Forensic Science Laboratory with respect to chemical analysis of seized articles is Ex P-24. According to the FSL report smell of kerosene was emanating from wearing apparels of the deceased, bed sheet and hair lock of the deceased.

(3.) After completion of the investigation the charge-sheet was filed in the Court of Additional Chief Judicial Magistrate, Baloda Bazar who in turn committed the case to the Court of Sessions Judge Raipur from where the learned Additional Sessions Judge, Baloda Bazar received the case on transfer for trial.