TUMENDRA KUMAR GAHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 21.11.2012 passed by the Additional Sessions Judge, Bhatapara, District Raipur in S.T. No.38/10 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him to undergo imprisonment for life & fine of Rs.500/-, in default to undergo additional SI for 1 month.

(2.) The brief facts of the case are that on 12.11.2009 at about 9.45 p.m. Latabai, wife of appellant, suffered burn injuries. She was immediately taken to the Community Health Centre, Simga where her MLC was done by Dr. Mamta Thakur (PW-8) vide Ex.P-6 who noticed 90% burn injuries on her person. Considering the serious condition of Latabai, she was referred to the Government Hospital, Raipur where on the basis of her statement recorded by A.P. Prajapati (PW-12), Dehati Nalishi (Ex.P-12) under Section 307 & 498A of IPC was registered against accused/appellant on 14.11.2009. During the course of treatment, it was noticed by the doctor at Raipur that Latabai had suffered 83% burn injuries. On 15.11.2009 dying declaration (Ex.P-8) of the deceased was recorded by the Executive Magistrate-cum-Naib Tahsildar Prabhat Kumar Bakshi (PW-9) wherein she has stated that she was set aflame by her husband. On 18.11.2009 the deceased succumbed to the burn injuries in the hospital during treatment. Merg intimation (Ex.P-9) was recorded on 19.11.2009. Inquest was prepared vide Ex.P-1. Body was sent for postmortem examination which was conducted on 19.11.2011 by Dr. S.N. Manjhi (PW-16) who opined the cause of death to be cardio respiratory failure as a result of burns and its complications. After investigation, charge sheet under Sections 498A, 307, 304B & 201 of the IPC was filed against the accused/appellant, however, the charges under Section 302 & 304-B of IPC were framed against the appellant by the trial Court.

(3.) To substantiate the charge against the accused, the prosecution has examined 16 witnesses. When the accused was questioned under Section 313 Cr.P.C. about the incriminating evidence and circumstances, he denied the same and pleaded innocence and false implication.