SURESH Vs. STATE OF CHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 19th January, 2001 passed by learned Sessions Judge, Raipur in ST. No. 130/98, whereby learned Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the I.P.C. for committing under of his wife namely Ramkali, sentenced him to suffer imprisonment for life.

(2.) The prosecution case, in brief, is that on 24.10.1997 at about 8.00 p.m. when the accused/appellant, his wife Ramkali and three daughters were in the room, some altercation took place between accused and deceased and accused/appellant threw a burning kerosene lamp on Ramkali, as a result of which Sari of Ramkali had caught fire and she started burning. Ramkali started raising screams, on which her daughters came out of the room and started shouting 'save-save. Hearing the cries, the landlord Awadhram (PW-3) came on the scene and saw that Ramkali was burning in the room and accused was sitting on the cot in that room. On enquiry made by Awadhram from the accused/appellant that as to how Ramkali has been burnt, he replied that let her die, thereafter, Ramkali was taken to the Medical College Hospital, Raipur and she was admitted in the casualty ward. On examination it was found that she had received burn injuries upto 75%. Dehati nalishi (Ex.P-9) was given by Babli, daughter of accused and deceased, in the Police Station Urla, based on which F.I.R. (Ex.P-10) was registered for commission of offence under Section 307 of the IPC. Ramkali was examined by Dr. G.P. Dewangan (PW- 14) and he noted that there were superficial burn at chest, abdomen (whole), both thighs upto knee (whole), both arms (whole) back (whole) and percentage of burn was 75%. He prepared the report Ex.P-18. Babli, daughter of deceased and accused, was also examined by the same doctor and he prepared the injury report Ex.P-19, in which he noticed that the left elb^ow was burnt. The Executive Magistrate Shri Ashok Tiwari (PW-7) was requested by the police to record the dying declaration of Ramkali and on their request he recorded the dying declaration (Ex.P-8) of Ramkali. However, during treatment she succumbed to the burn injuries in the hospital on 27.10.1997, therefore, a merg intimation (Ex.P-16) was given by Ward-boy Suresh Baghel, based on that A.S.I. Shri Gulab Das also sent the merg intimation (Ex.P-17) and the offence was converted into Section 302 of IPC.

(3.) The Investigating Officer after giving notice (Ex.P-1) to the Panchas prepared the Panchnama (Ex P-2) of the dead body of Ramkali. He took into possession one half burnt sari, blouse, petticoat, kerosene lamp, which was thrown on Ramkali by the accused, cap & wick of lamp and one yellow colour bed sheet were taken into possession under Ex.P-5 from the place of occurrence. Postmortem of the body of deceased Ramkali was conducted by Dr. S.K. Dodu (PW-15), who prepared the postmortem report Ex.P-20. Recovered articles were sent for examination to Forensic Science Laboratory, Sagar, from where report Ex.P-24 was received.