UTTAM KUMAR SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 18.9.2012 passed by the Sessions Judge, Mahasamund (CG) in S.T.No.85/2011 convicting the accused/appellant under Sections 498A, 201 & 302 of IPC and sentencing him to undergo RI for two years, fine of Rs. 5000/-; RI for three years, fine of Rs. 5000/- and life imprisonment plus fine of Rs. 10,000/- with default stipulations respectively.

(2.) As per prosecution case, on 9.2011 at about 2 pm the appellant had a quarrel with his wife/deceased Indulata Soni and she immediately informed about the same to her mother PW-7 Vimla Soni over telephone. It is further case of the prosecution that soon thereafter at around 30 pm the appellant committed murder of his wife by throttling and in order to cause disappearance of evidence of the offence burnt her by pouring kerosene on her body. At the instance of PW-1 Shyam Kumar, uncle of the appellant, on 9.2011 itself at 5 pm merg intimation Ex.P/1 was recorded. Inquest on the dead body was conducted on 9.2011 vide Ex.P/ Thereafter, the dead body was sent for postmortem which was conducted on 3.9.2011 by PW-11 Dr. SR Sidar vide Ex.P/5. The autopsy surgeon noticed that the body was 100% burnt, eyes closed, tongue protruded, frothy blood present in nose, skin detached as gloves of bilateral hand, heat rupture present over right waist at about 10 x 5 cm over right thigh posteriorly at about 20 x 10 cm, over left waist 9 x 5 cm and over left thigh posterior 23 x 12 cm. The doctor also noticed fracture of hyoid bone. In his opinion, the cause of death was asphyxia and nervous congestion due to throttling and nature of death was homicidal and the burn was postmortem. After receiving postmortem report and conducting preliminary enquiry, on 13.9.2011 FIR (Ex.P/10) was registered against the appellant under Sections 302 & 201 of IPC. While framing charge, the trial Judge charged the appellant under Sections 498A, 302 & 201 of IPC.

(3.) So as to hold the accused/appellant guilty the prosecution examined as many as 12 witnesses. 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. In defence, he examined two witnesses.