SUDARSHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) APPELLANT Sudarshan @ Sudar stands convicted under Section 302 of the Indian Penal Code with sentences of imprisonment for life and fine of Rs. 500/-vide impugned judgment dated 17-5-2001, passed by the Fourth Additional Sessions Judge, Jagdalpur in Sessions Trial No. 157/2000.

(2.) THE short facts of the case, essential for deciding this appeal are that Chitribai (since deceased) was living with accused Sudarshan @ Sudar as his wife for the last about three years, Chitribai used to earn by selling vegetables whereas accused Sudarshan @ Sudar was unemployed. THEre used to be frequent quarrels between the two in that behalf. In the above background, on the fateful day of 12-2-2000 when Chitribai came back to her house, the accused quarreled with her and assaulted her. THE quarrel between them was pacified by their friends. Later in the night, accused Sudarshan @ Sudar again assaulted Chitribai; poured kerosene oil on her; and set her on fire by means of a matchstick, as a result whereof, Chitribai sustained extensive burn injuries. Mahadev, brother of Chitribai on getting information about the incident, came to her village with his mother Hirma next day on 13-2-2000 and took Chitribai for treatment to Maharani Hospital, Jagdalpur. Doctor Rizvi, Assistant Surgeon immediately sent a requisition for recording of her dying declaration. Shri K.L. Sori, Executive Magistrate recorded her dying declaration (Exh. P-3) at Maharani Hospital. On the report of Chitribai about the incident, a case was registered at Police Kotwali, Jagdalpur against her husband accused Sudarshan @ Sudar for the commission of offence punishable under Section 307 of the IPC. Chitribai succumbed to her injuries in the intervening night of 14th and 15th February, 2000. After performing the necessary formalities of preparing inquest, etc., body of the deceased was sent for post-mortem examination. THE case registered at Police Kotwali, Jagdalpur, thereafter was converted to one under Section 302 of the IPC. Police Kate Kalyan, District Dantewada after completion of the investigation, charge-sheeted accused Sudarshan @ Sudar for commission of the offence punishable under Section 302 of the IPC.

(3.) AT the trial, the capital charge of murder against accused Sudarshan @ Sudar was sought to be proved by the prosecution on the evidence of Smt. Sushila Tekam (P.W. 1), Prabhu Das (P.W. 2), Sashi Dev @ Driver (P.W. 3), Mahadev (P.W. 4), K.L. Sori (P.W. 5), Dr. Virendra Kumar Jha (P.W. 6), Ambika Prasad (P.W. 7), Dr. MAH Rizvi (P.W. 8), Anukulchand (P.W. 9) and H.L. Patel (P.W. 10).