SUMITRA DEVI RATHOR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 10.8.2007 passed by the Additional Sessions Judge (FTC), Pendra Road, in ST No.327/2003 convicting the appellant under Section 302 of IPC and sentencing her to undergo imprisonment for life and to pay a fine of Rs.500/- with default stipulation.

(2.) As per the prosecution case, appellant Sumitra Bai is the second wife of Sudama Rathor whereas deceased Sitabai was the first wife of Sudama. Marriage of deceased Sitabai was solemnized with Sudama about 10-12 years prior to date of incident and Gauna ceremony was solemnized after two years. However, as there was some dispute between her and Sudama, she went to her parental house and lived with them for two years. During this period, Sudama contracted second marriage with the appellant. Further case of the prosecution is that after sometime the deceased started living at Pendra in a rented house where Sudama and his wife/appellant were living. There used to be frequent quarrel and dispute between the appellant and the deceased and it is said that on 3.10.2002 when the deceased was sleeping on a cot in her house, the accused/appellant poured kerosene on her and set her ablaze. After hearing the cries of the deceased, her neighbours reached there but found the door bolted from inside. The door was broken open and when they entered the room, they found the deceased burning. She informed them that while she was sleeping, someone poured kerosene on her and set her afire. It is alleged that at the relevant time the appellant was standing near the back door of the house and she did not make any effort for extinguishing the fire. Injured Sitabai was immediately taken to Community Health Center, Pendra from where a memo was sent to the police. Dying declaration of the deceased (Ex.P/7) was recorded by PW-23 PK Sahu, Police Inspector, and thereafter, Sitabai was referred to Bilaspur where she succumbed to her burn injuries on 4.10.200 In the meanwhile, on 4.10.2002 itself FIR (Ex.P/31) was registered against the appellant on suspicion under Section 307 of IPC. After death of the deceased, merg intimation Ex.P/27 was recorded on 4.10.200 Inquest over the dead body was prepared vide Ex.P/24. The dead body was sent for postmortem, which was conducted on 5.10.2002 by PW-12 Dr. Madhulika Sen vide Ex.P/23 who noticed burn injuries and opined that the cause of death was shock due to extensive burn. After investigation, charge sheet was filed against the appellant under Section 302 of IPC and accordingly, charge was framed by the trial Court.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 24 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which she denied the circumstances appearing against her in the prosecution case, pleaded innocence and false implication. In her defence she has stated that at the relevant time she was carrying pregnancy of nine months, it is the deceased who was taking care of her, both of them were living like sisters, there was no dispute between them, the deceased caught fire accidentally, she came there after hearing her cries, however, she was not in a position to extinguish the fire as she was pregnant.