STATE OF CHHATTISGARH Vs. KARAM SINGH @ KARMA

JUDGEMENT

(1.) Challenge in this acquittal appeal is to the judgment of acquittal rendered by the 3rd ASJ, (FTC) Korba acquitting the accused of the charge under Section 302 of the IPC for committing murder of his wife Anita.

(2.) Briefly stated, case of the prosecution is that Karam Singh @ Karma (hereinafter referred to as 'the respondent') is previously married having 2 issues, who reside separate at Sharda Vihar, Korba. During subsistence of his first marriage, the respondent has kept the deceased from the year 1998 at Sanjay Nagar, Korba, by marrying her in 'Chudi' form, however, they have no children out of their relationship. Deceased Anita was also married to one Uttara Kumar but after 4 years of marriage, they got customary divorce without taking recourse to law. Anita has one son from her previous marriage who was residing with her on the date of the incident. At about 11 pm on 14.1.2003, the deceased suffered 98% burn injuries in her house and was admitted to the hundred bedded hospital, Korba wherefrom she was referred to Bilaspur. On 17.1.2003, her dying declaration (Ex.-P/8) was recorded at District Hospital (CIMS, Bilaspur) by (PW-9) Dr. C.N. Tiwari, wherein she stated that after a quarrel with her husband, he directed to prepare meal, which she obeyed and awoke her to have the meal. The respondent demanded hot water and shortly thereafter the husband instructed her to bring water on which she said that she is not keeping well for about 4 months, therefore, he should take water himself. This led to quarrel and both of them poured kerosene oil and thereafter the respondent set her ablaze. He poured water over her body. At the time of incident, hearing the alarm raised by the deceased, Ku. Sangita and Ku. Sarita reached the spot and witnessed the incident. The deceased succumbed to the injuries during treatment at CIMS, Bilaspur on 21.1.2003.

(3.) Merg was registered at P.S. City Kotwali, Bilaspur and was referred to the Police Station Korba having jurisdiction over the place of incident. Spot inquest was prepared vide Ex.-P/1. Match sticks, stove etc. were recovered from the place of occurrence vide Ex.-P/2. For chemical examination of the seized articles, the same were referred to the Forensic Science Laboratory. After recording the case diary statements of the witnesses, charge sheet was filed against the respondent for committing offence under Section 302 of the IPC.