RAMKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 27.06.2013 passed by the Additional Sessions Judge, Katghora, District Korba, Chhattisgarh in S.T. No. 59/2010 by which the appellants have been convicted and sentenced under Sec. 302/34 of Indian Penal Code (for short 'IPC').

(2.) Brief facts of the case are these that deceased Uma Dewangan was wife of appellant No.1 and appellants No.2 and 3 are her in-laws. On 17.3.2010 at about 11.00 p.m., the deceased suffered burn injuries at her matrimonial home situated in village Chhurikala. She was taken to the Community Health Centre, Katghora where she informed Dr. Rudrapal Singh Kanwar PW-12 and witnesses Janu Dewangan PW-2, Vijay Kumar Jaiswal PW-5 and Narayan Dewangan PW-7 that appellants No.2 & 3 set her ablaze after pouring kerosene on her body, her husband (appellant No.1) was though present on the spot but he did not make any attempt to save her. Her statement Ex-P2 was also recorded by the police at the same time. The doctor noticed 55-60% burn injuries on her body. Victim died during the course of her treatment on 01.04.2010. FIR ExP-20 was recorded initially under Sec. 307/34 of IPC, however, after the death of the victim, the offence was registered under Sec. 302/34 of IPC. Morgue intimation Ex.P/21 was recorded by PS-Katghora. After completion of investigation, charge-sheet was filed before the Magistrate.

(3.) After the proceedings of committal, the trial Court framed charge under Sec. 302/34 against each of the appellants. Appellants/accused pleaded innocence. As many as 14 witnesses were produced by the prosecution. In their examination under Sec. 313 of CrPC, appellants/accused denied all the incriminating circumstances appearing in the evidence of prosecution against them and again pleaded innocence and false implication due to the reason that deceased and the appellants No.2 & 3 were not on good terms. Two witnesses were examined in defence.