BAHORANDAS ALIAS BABA Vs. STATE OF CHHATTISGRAH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 12. 10. 2000 passed by the 2nd Additional Sessions judge, Baloda Bazaar, in Sessions Trial No. 310/99 whereby and whereunder, learned additional Sessions Judge after holding the accused/appellant guilty for commission of offence under Section 302 of the I. P. C. , sentenced him to undergo imprisonment for life and pay a fine of Rs. 10,000, in default of payment of fine to further undergo imprisonment for six months.

(2.) CASE of the prosecution, in brief, is that savitri (since deceased) was resident of Village Bhatgaon. Accused/appellant Bahorandas @ Baba is also resident of Village Bhatgaon. He used to visit Savitri oftenly, as her father was not alive and her mother used to leave the house for work. Accused and deceased were in love affair. On 4. 6. 1999 mother of Savitri had gone to Village Kannaud to collect mangoes, at about 6 p. m. the accused came to the house of Savitri and asked her as to why she was laughing with other boys at the bus stand. Savitri denied the same on which the accused became angry. In the first instance, he slapped her and thereafter, after pouring kerosene oil on her body, set her on fire, closed the door and ran away. Savitri tried to extinguish the fire. In the mean time, the accused returned and poured water on her body in order to extinguish the fire. Cousin of Savitri namely, sudeshi, his daughter Sita, Kotwar of the village and other persons came to the house.

(3.) THE matter was reported in the Police station by Savitri herself on which the first information report [ex. P13 (B)] was registered by the Station House Officer, Police station Bilaigarh. He left for the scene of occurrence and prepared the site plan (Ex. P14 ). Savitri was sent to Community Health Centre, Bilaigarh, where Dr. N. L. Upadhyay examined the burn injuries and prepared injury report Ex. P9. Accused Bahorandas was also sent for examination of burn injuries and Dr. N. L. Upadhyay after examination, prepared injury report Ex. P10. Dying declaration of Savitri Ex. Pll was recorded by Executive Magistrate Jeevan Singh Rajput (PW8 ). The Investigating Officer seized a burnt piece of sari, one petty coat, one red colour string of petty coat, one matchbox and half burnt hair of Savitri under Ex. P2. One blouse was seized under Ex. P3. One plastic jerry-cane containing 100 gms. of kerosene oil was seized under ex. P4. Savitri succumbed to the burn injuries sustained by her in the hospital, therefore, the Investigating Officer, after giving notice Ex. P6a to the Panchas, prepared inquest Ex. P7 on her body. Site plan Ex. P12 was prepared by the Halka Patwari. Seized articles were sent for chemical examination to Forensic Science Laboratory, Sagar, from where report Ex. P17 was received. Body of Savitri was sent for post-mortem examination to mekahara, Raipur, where Dr. Sanjay Kumar Dadu conducted post-mortem and opined that the death was due to cardio respiratory failure as a result of burns and its complication. He prepared post-mortem report Ex. P18.