LOCHAN DAS MAHANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 01.09.2014 passed by the 1st Additional Sessions Judge, Raigarh, in S.T. No.153/2011 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life with fine of Rs. 10,000/-, in default of payment of fine amount to further undergo R.I. for one year.

(2.) In the present case, name of deceased is Neeraj @ Niras Bai, wife of the accused/appellant. Their marriage was solemnized about 9- 10 years prior to the date of incident.

(3.) Case of the prosecution is that on 27.06.2011 in the evening accused/appellant assaulted his wife and when she became unconscious he left her as it was and went to attend the marriage in his relatives' house along with his son Roshan (PW/4), aged 9-10 years. In the said party, accused/appellant consumed liquor and after returning to his house, at about 10:30 PM he poured kerosene oil on his wife Neeraj @ Niras Bai and set her ablaze in his bed room. After the incident, on 28.06.2011 at 1:00 AM, accused/appellant took his wife Neeraj to Community Health Center, Kharsiya where she was medically examined by Dr. R.K. Singh (PW/3) who gave MLC (Ex.P/6) noticing 90% burn injuries on her body. An information to this effect was sent to police station vide Ex.P/8. On 01.07.2011, during treatment deceased succumbed to her injuries and on 02.07.2011 merg intimation (Ex.P/5) was recorded to this effect. On the same day, inquest on the body of deceased was conducted vide Ex.P/19 and body was sent for postmortem examination to Government K.G. Hospital, Raigarh vide Ex.P/10-A which was conducted by Dr. Anil Kumar (PW/6) with Dr. (Smt.) Jyoti Ekka who gave his report (Ex.P/10) noticing burn all over the body including hand and face. No external injury was seen all over the body. The Autopsy Surgeon opined the cause of death of deceased to be shock due to excessive burn all over the body leading to septicemia infection.