KAMLESHWAR VISHWAKARMA Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 15.4.2010 passed by the Sessions Judge, Surguja (Ambikapur) in ST No.11/2009 convicting the appellant under Section 302 of IPC for committing murder of his wife Durga Bai and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1000/- with default stipulation.

(2.) Brief facts of the case are that for the last 5-6 months from the date of incident, the appellant and the deceased were living as husband and wife. Earlier they had married some other persons. In the night intervening 27th and 28th September, 2008 the appellant is said to have committed murder of Durga Bai by pouring kerosene on her and setting her afire. Her dead body was found in front of house of the appellant. On 28.9.2008 at the instance of PW-1 Sukhan Ram, father of the deceased, merg intimation Ex.P/1 was recorded at 7.30 am. Immediately thereafter at 8.30 am Dehati Nalishi (Ex.P/16) was recorded by the police on the basis of merg enquiry. Inquest over the dead body was conducted on 28.9.2008 vide Ex.P/4 and thereafter the dead body was sent for postmortem which was conducted on the same day by PW-6 Dr. Prem Singh Marko vide Ex.P/13 and he noticed burn injuries over the body, burning of left thigh was of 3rd degree and in his opinion, the cause of death was asphyxia due to inhalation of smoke. On 28.9.2009 FIR (Ex.P/17) was also registered under Section 302 of IPC against unknown person. On 21.10.2008 the appellant was arrested vide Ex.P/15. In column No.7 of the arrest memo, it is mentioned that there is mark of burn injury on the right toe. On 21.10.2008 itself memorandum of the appellant was recorded vide Ex.P/2 wherein he has stated that he along with his wife-deceased was residing at Lakhanpur, Bhuiyyapara on rent and used to sell vegetables, on account of there being some dispute with the deceased on 27.9.2008 he out of anger poured kerosene on her, which was kept in a jerycan, gave a kick blow to her and then set her ablaze. When she tried to run away from there, he again kicked her as a result of which she fell down. He stated that in the said incident he also suffered burn injuries on his leg, he threw the jerycan and burnt lungi in the bushes behind his house. Based on his memorandum, seizure Ex.P/7 was effected whereby one jerycan containing 30 ml kerosene, lamp, matchbox and one lungi which was burnt from the corner were seized. As per FSL report Ex.P/20, presence of kerosene on half burnt pieces of clothes seized from the spot (Article C) and the clothes of the deceased (Article D) was confirmed and likewise, kerosene was found in the seized jerycan. After filing of charge sheet, the trial Court framed charge under Section 302 of IPC against the appellant.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 11 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. He has stated that he had suffered burn injury on account of falling of starch on his foot; at the time of incident he was not in his house and about 15-16 days prior to the date of incident he had gone to attend his duties.