SMT.MAMTA VERMA Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellant has been convicted under Sec. 302 of the Indian Penal Code (for short 'the IPC') and sentenced to undergo imprisonment for life for committing murder of Deepa Bachhani (since deceased) by setting her on fire at about 9.30 am on 26-4-2001.

(2.) Briefly stated, the facts are as follows : The deceased and her husband were residing in the first floor of the house belonging to one Kundanmal, whereas the appellant's family reside in the ground floor of the same building. The deceased was alone in her house on 26-4-2001. The appellant made allegation on the deceased that she has committed theft of her earrings and, thereafter, quarrel broke out between the appellant and the deceased. After some time, the appellant reached the first floor, sought kerosene oil from the deceased herself, thereafter, poured the kerosene oil on the body of the deceased and set her on fire by igniting matchstick, which she had brought with herself. Deceased climbed down in burning condition to open the water tap. Some persons saw the deceased, but no effort was made to save her. At the time of incident, the husband of the deceased had gone to the market for bringing vegetables. After his return, he took the deceased to the Mission Hospital, Dhamtari, where-from information was sent to the concerned police.

(3.) In course of investigation, dying declaration of the deceased was recorded by Jugal Kishore (PW-13), the Executive Magistrate/Naib Tahsildar at about 7.45 am on the date of incident itself. The deceased succumbed to the injuries on the next day i.e. 27-4-2001.