JETH PRASAD, S/O KANWALSAI KANWAR, AGED ABOUT 25 YEARS, PROF. FARMING, R/O VILLAGE PHUNAGI (UDAIPUR), P.S. LAKHANPUR, DISTRICT SURGUJA, CHHATTISGARH Vs. STATE OF CHHATTISGARH THROUGH STATION HOUSE OFFICER, POLICE STATION LAKHANPUR, DISTRICT SURGUJA, CHHATTISGARH

JUDGEMENT

(1.) This appeal by the convicted accused is directed against the judgment dated 4.12.2001 delivered by the First Additional Sessions Judge, Ambikapur in Sessions Trial No. 240 of 2000, whereby he convicted the accused/Appellant for having committed offences punishable under Sections 498A and 304B of the Indian Penal Code (IPC) and sentenced him as follows: <FRM>JUDGEMENT_13_LAWS(CHH)10_2016.html</FRM>

(2.) The undisputed facts are that deceased Parmeshwari Bai was married to accused Jeth Prasad about 4-5 years prior to the occurrence. It is not disputed before us that her death had occurred within 7 years of the marriage. Another undisputed fact is that on 27.5.2000, at about 7:30 p.m., deceased Parmeshwari Bai poured kerosene on her and then set herself on fire. She was taken to the hospital where she succumbed to her injuries. The third important fact is that the dying declaration (Ex. P-27) of the deceased was recorded before she died and as per the version of the prosecution the statement of the deceased reads as follows:

(3.) The English rendering of the relevant portion of the statement is that: