VIJAY KUMAR SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 20.10.2010 passed by the Additional Sessions Judge (FTC), Rajnandgaon, in S.T. No.25/2010 convicting the accused/appellant under Section 302 IPC and and sentencing him to undergo imprisonment for life with fine of Rs.2000/-, in default of payment of fine amount to further undergo R.I. for one month.

(2.) In the present case, name of the deceased is Sheela Bai, wife of the accused/appellant. As per the prosecution case, on 16.01.2010 at about 7.30 pm, the accused/appellant poured kerosene oil on the deceased and set her ablaze. Sheela Bai was immediately taken to nearby hospital where 99% burn injuries on her body were noticed. On same date at 10.00 pm, dehati nalisi (Ex.P/1) was recorded at the instance of Leela Bai (PW/1), sister of the deceased, followed by FIR (Ex.P/20) at 10.20 pm under Section 307 IPC against the accused/appellant. On 17.01.2010, during treatment the deceased succumbed to injuries in the hospital and immediately thereafter dehati merg (Ex.P/15) was recorded at 01.30 pm. On same day, inquest on the body of deceased was conducted vide Ex.P/4 and dead body was sent for postmortem to District Hospital, Rajnandgaon vide Ex.P/10-A where postmortem examination on the body of deceased was conducted on 17.01.2010 by Dr. V.P. Maheshwar (PW/7) who gave his report Ex.P/10 opining the cause of death to be shock due to 100% burn injuries. After filing of the charge sheet, the trial Court framed the charge against the accused/appellant under Section 302 of IPC.

(3.) So as to hold the accused/appellant guilty, the prosecution examined as many as 12 witnesses. Statement of the accused/appellant 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.