LOKENDRA TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT-LOKENDRA Tiwari alias Kaushlendra stands convicted under Section 302, I. P. C. , for commission of murder of his wife-Saroj Bala, and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo R. I. for 3 months, by the Additional Sessions Judge, bilaspur in Sessions Trial No. 246/2001 on 31st of March, 2004. Deceased-Saroj Bala was married to the appellant on 19. 4. 2000. She was residing with the appellant and her in-laws in village selar. On some difference, on account of alleged illicit relations of the appellant with one Rajeshwari Raj (PW-10), the deceased left the company of the appellant and came to her parents place in village Muruwa. After sometime their marital relations resumed and both husband and wife started living separately in a rented premise of one Arjun das Vaishnaw in Tiffra, Bilaspur. The deceased was working as a teacher and was earning Rs. 1,000/- per month. The deceased most oftenly used to quarrel with the appellant on account of alleged illicit relations of the appellant with Rajeshwari Raj. On 27. 3. 2001 at about 8. 00 p. m. , the appellant and the deceased were in their rented premise. The appellant was in drunken condition and was keeping some more liquor with him. When he was asked to take meals by Saroj Bala, he denied to take the meals saying that Rajeshwari has instructed him for not taking the meals at house. On this, quarrel begun between the appellant and the deceased. The allegations are that during the quarrel, the appellant went to the kitchen, brought kerosene oil and poured it over the body of the deceased. Thereafter, he rubbed a match-stick on the floor and put the deceased on fire. When hue and cry was made a next-door neighbour namely Srikant (PW-6)and other persons ran over there. All including the appellant tried to extinguish the fire. But, by that time the deceased has already received burn injuries. She was admitted to Government Hospital, Bilaspur. An information regarding burn case was given by the hospital authorities to the police and a dying declaration (Ex.-P/12) of the deceased was recorded by the Executive Magistrate, p. C. Kori (PW-11)on 28. 3. 2001. The further case of the prosecution is that in the night of 27. 3. 2001, elder sister of the deceased namely Aabha Pandey (PW-5) has visited the hospital and the deceased made an oral dying declaration to her. On 28. 3. 2001 at about 15. 00 hours, a dehatinalishi (Ex.-P/4) was also recorded at the instance of the deceased. This also contains the allegations about putting the deceased on fire by the appellant. The deceased died during the course of her treatment in the hospital on 31. 3. 2001. Inquest (Ex.-P/8) was prepared on the same day after giving notice (Ex.-P/7) to the Panchas and the dead body was sent for its post-mortem to the concerned department of the hospital. The post-mortem examination was conducted by a team of 2 Doctors namely-Dr. T. S. Shyam (PW-2) and Dr. (Smt) Chipde. They prepared their report Ex.-P/2. The autopsy Surgeons opined that the cause of death was septicaemic shock due to burn.

(2.) IN further investigation, the injury report of the deceased (Ex.-P) was collected, according to which, the deceased had received 95 burn injuries and was directed to be admitted in burn unit. The Investigating officer had also seized one nylon-nighty, one bed-sheet, one container of kerosene oil, some pieces of bangles, a match-box and unburnt and half-burnt match-sticks from the place of occurrence i. e. from the house of the appellant, vide seizure memo Ex.-P/15. Site plan (Ex.-P/16) was also prepared. Appellant-Lokendra had also received injuries, therefore, he was sent for his medical examination under Ex.-P/17 on 29. 3. 2001 and a report Ex.-D/4 was obtained. According to the said report, he had received burn injury of 5 cm x 5 cm on the middle portion of left forearm, burn injuries on the right index, middle and ring fingers. The injuries on the right index finger were of the sizes of 1 cm x 2 cm and 1 /2 cm x 1 /2 cm. The seized articles were sent for their chemical examination to F. S. L. Sagar and a report (Ex.-P/25)was received. According to the F. S. L. report, kerosene oil was found on the clothes etc. of the deceased.

(3.) AFTER completion of usual investigation, the charge-sheet was filed in the Court of chief Judicial Magistrate, Bilaspur, who in turn committed the matter to the concerned sessions Court, from where, it was received on transfer by the Additional Sessions judge, Bilaspur, who conducted the trial and convicted and sentenced the appellant as aforementioned. However, two other co-accused persons namely-Arjun Tiwari and smt. Kamlesh Tiwari (in-laws of the deceased), who were charged u/s 498-A, I. P. C. , were acquitted.