SURENDRA NISHAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Heard.

(2.) The conviction of the appellant is based on prosecution case of he having set on fire, Pramila with whom, it is alleged, he had an affair.

(3.) The records and the judgment impugned reveal that Pramila had sustained burn injury and was brought to the hospital at Gariyaband where she was given primary treatment. The Sub-Divisional Magistrate was informed who came to the hospital and it is said that he recorded dying declaration in Ex.P/5. The injured Pramila was thereafter, referred to higher centers of treatment but she finally succumbed to death and died on 24/3/2011. The appellant was prosecuted for having committed offence of murder of Pramila. Learned Trial Court relied upon dying declaration proved by Sub-Divisional Magistrate, K.R. Ogare (PW3), oral dying declarations and medical evidence to come to the conclusion that the appellant having set the deceased on fire, was guilty of commission of offence of murder.