SANTOSH ANAND PATLE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the common judgment dtd. 30/9/2003 passed by Additional Sessions Judge, Korba in ST No.134/2003, they are being disposed of by this common judgment.

(2.) Brief facts of the case are that marriage of deceased Bagehswari Bai @ Rajeshwari was solemnized in April, 2002 with the accused/appellant and she died on 22/10/2002 after sustaining 50% burn injuries in her matrimonial house. The accused/appellant also suffered burn injuries while saving the deceased. Immediately after the incident, the deceased was taken to hospital but she succumbed to her burn injuries. Unnumbered merg intimation Ex.P/5 was recorded on 22/10/2002. Inquest over the dead body was prepared on 23/10/2002 and thereafter, the body was sent for postmortem which was conducted on 23/10/2002 by PW-8 Dr. NS Chandel vide Ex.P/6. According to the autopsy surgeon, the deceased suffered 60% burn injuries and in his opinion, the cause of death was burn and its complication. Numbered merg was recorded vide Ex.P/6 on 14/11/2002. In the meanwhile, FIR was registered at Police Outpost - Urga on 16/11/2002 and numbered FIR (Ex.P/7) was registered on 17/11/2002 against the accused/appellant under Sec. 304B of IPC. After completion of investigation, charge sheet was filed against him under Sec. 304B of IPC. However, the trial Court framed charges under Ss. 498A and 304B of IPC against him.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 10 witnesses in all. Statement of the accused was also recorded under Sec. 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication.