CHEDIN BAI BARETH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE is made to the judgment of conviction and order of sentence dated 9th March, 2002 passed by the Sessions Judge, Bilaspur in s. T. No. 31/2001, whereby, the said Court, after holding the accused/appellant guilty of offence punishable under Section 302, i. P. C. and sentenced her to undergo imprisonment for life.

(2.) THE brief facts are that the deceased namely Nashiruddin was husband of the accused Chedin Bai. They were residing in a rented premises of Nanki Bai (PW-4 ). The deceased Nashiruddin had married with the appellant Chedin Bai in Chudi form one year prior to the date of incident. The allegation are that on account of certain dispute, on 25-11-2000, accused Chedin Bai poured kerosene oil over the body of the deceased and set him on fire. The deceased received burn injury to the extent of 85%. He was admitted to Dharam Hospital, Bilaspur on 26-11 -2000. An intimation to this effect was given to the police station, based on which, the First Information Report (Ex-P/17) was registered. The statement of the deceased under Section 161, Cr. P. C. (Ex.-P/20) was recorded. The site plan was prepared under ex,-P/18, Another statement of the deceased was also recorded under Ex.-P/11.

(3.) DURING the course of investigation, the deceased was requested to be medically examined under Ex. P/6. He was examined by Dr. S. S. Bhatia (PW-5), who prepared his report under Ex. P/6 (A ). According the medical examination of the deceased, there were deep burns on both arms of the deceased. There were many blisters. Skin was erased, his face, abdomen and both legs were superficially burnt. The body was burnt to the extent of 85%. The Doctor stated that he had admitted the deceased in hospital on 26-11-2000 and the description of the injury received by the deceased was also mentioned in the admission papers (Ex. P/7 ). Looking to the serious condition of the deceased, the Investigating Officer made request for recording of a dying declaration of the deceased vide his memo dated 26-11-2000 (Ex.-P/8 (A)), on which, the dying declaration (Ex.-P/9) was recorded on 27-11-2000 at 8. 45 a. m. by the Executive Magistrate, P. S. Toppo (PW-6 ).