BUDHARURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 9.9.2010 passed by the Additional Sessions Judge (FTC), Bhanupratappur, Distt. North Bastar, Kanker, in ST No.24/10 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.500/ - with default stipulation.

(2.) As per prosecution case, deceased Amrikabai @ Ambikabai was second wife of the accused/appellant. On 17.1.2010 she was burned by the appellant in his house at 9.40 pm. She was immediately taken to Community Health Center, Bhanupratappur where her MLC was done vide Ex.P/6, according to which she had suffered 85 -95% burn injuries, which was dangerous to her life. There her dying declaration (Ex.P/8) was recorded by PW -10 PR Tekam, Assistant Sub Inspector, in presence of Dr. Sumit Dhruv (PW -8) who also certified that the deceased was in a fit state of mind to make such statement. However, after recording her dying declaration, on 18.1.2010 she succumbed to the burn injuries. Inquest over the body of the deceased was prepared vide Ex.P/5. The dead body was thereafter sent for postmortem, which was conducted by PW -12 Dr. PK Kapil on 19.1.2010 vide Ex.P/25 wherein he noticed 98% burn injury and opined that the cause of death was antimortem second degree burn, which was sufficient in the ordinary course of nature to cause death. Based on merg enquiry, on 19.1.2010 FIR (Ex.P/18) was registered against the appellant for the offence under Section 302 of IPC. After investigation, charge sheet was filed under Section 302 of IPC and accordingly, charge was framed against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 12 witnesses. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In his defence, the appellant examined two witnesses.