MANU GUNU @ ITWARI BHAINA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has called in question his conviction under Sections 302 and 354 of the IPC and sentence of life imprisonment and RI for one year respectively and a fine of Rs.1,000/- for conviction under Section 302 IPC, in default, additional RI for 6 months. The said conviction is for committing murder of deceased Suhaga Bai, at about 3 pm on 17.11.2006 by setting her ablaze after tying her to a cot.

(2.) Prosecution case, in short, is that the appellant is Bada Sasur (elder brother of father-in-law) of the deceased. The deceased was married with PW-3 Malikram in the year 2006 itself. On the date of the incident the appellant and the deceased were alone in the house as the mother-in-law of the deceased and her husband had gone to the nearby field to cut paddy. At about 3 pm the appellant allegedly either tried to commit rape with the deceased or on suspicion that she is having affair with some other person in the village, he tied the deceased with the legs of the cot and set her ablaze after pouring kerosene oil over her body. On hearing alarm raised by the deceased, PW-4 Jitendra Kumar Yadav reached the place of occurrence and soon thereafter husband (PW-3) Malik Ram and mother-in-law (PW-5) Arti Bai reached the place of occurrence. The other villagers also assembled and in their presence the deceased made oral dying declaration. The deceased was taken to the District Hospital, Janjgir where her first dying declaration was recorded by PW-12 Filman Toppo on 17.11.2006 vide Ex.-P/10, which has been proved by PW-6 Hulas Ram Kashyap, who has appended his signature as a witness over the said document. Thereafter the second dying declaration (Ex.-P/12) was recorded by the Executive Magistrate (PW-9) D.R. Sidar on 17.11.2006 itself. The deceased succumbed to the burn injuries on 18.11.2006. The postmortem was conducted by Dr. Vijay Kumar Verma (PW-14) opining that the deceased died due to shock and septicemia, as a result of extensive burn injuries.

(3.) After completing the investigation, charge sheet was filed under Sections 354 and 302 of the IPC and on appreciation of evidence adduced by the prosecution, the trial Court has eventually convicted the appellant for committing both the offences.