DEVNARAYAN DHIVAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Present appeal is directed against the judgment of conviction and order of sentence dated 15th July 2013 passed by learned Additional Sessions Judge (FTC), Janjgir, District- Janjgir Champa (CG) in ST No. 24 of 2012 whereby the appellant has been held guilty of commission of offence under Section 302 IPC and sentenced to undergo life imprisonment with fine of Rs. 500/- and in default of payment of fine, additional R.I. for one month.

(2.) According to the prosecution story, as unfolded from the records of the case and the impugned judgment, deceased Nandini was married to appellant- Devnarayan Dhivar in the month of May 2011. It is the case of the prosecution that she was being harassed in connection with the demand of dowry, both mentally and physically and that she was also harassed on the allegation of illicit relation. On 20th August 2011, Nandini sustained burn injury in matrimonial house in suspicious condition and was taken to Pamgarh hospital. Dr. K.K Dahire (PW7) who treated her, looking to her condition, referred her to higher health centre for better medical treatment and then she was taken first to Apollo Hospital, Bilaspur and then she was brought to Chhattisgarh Institute of Medical Sciences, Bilaspur (Government Medical College). However, her condition worsened and therefore, she was shifted to Sector-9 Hospital at Bhilai. Nandini, however, succumbed to death at 10:50 pm on 24.08.2011. A morgue enquiry was made which was followed by registration of FIR. Thorough investigation was carried out. Dr. Yashwant Rao Tumde (PW19), who conducted postmortem of the deceased, stated in his report that the death was caused due to burn injuries. During investigation, the investigating officer is said to have collected three dying declarations Ex.P-32, Ex.P-11 and EX.P-13. Charge sheet was filed against the appellant/husband and two others namely Subhadra Bai, sister-in-law and Ram Bai Mother-in-law of the deceased. All the accused were charged of having committed offence under Sections 498-A, 304-B, 302 r/w 34 IPC on the allegation that the appellant and other accused subjected the deceased to cruelty in connection with demand of dowry, she was subjected to mental and physical cruelty and that on 20th August 2011 kerosene was poured on her and she was set ablaze with intention to cause death. On such allegations, charges under Sections 498-A, 304-B and 302 r/w 34 IPC were framed. Appellant and the other accused having abjured guilt, were put to trial. The prosecution case rested mainly on dying declarations Ex.-P-32, Ex.-P-11, Ex.-P-13. The evidence of Executive Magistrates who had recorded dying declarations Ex.P-11 and Ex.P-13 as also evidence of oral dying declaration said to be given by the deceased to her family members namely, brother Nandeshwar Dhivar (PW-1), mother Pusai Bai Dhivar (PW2), father Jhulalal Dhivar (PW-3) and uncle Akti Lal Dhivar (PW-4) was also led.

(3.) The learned trial Court, however, disbelieved the defence version and relying upon the evidence led by the prosecution particularly dying declarations Ex.-P-32, Ex.-P-11 and Ex.-P-13 as also oral dying declarations held that the prosecution succeeded in proving its case beyond reasonable doubt that the present appellant committed murder of his wife by setting her on fire, though, the trial Court found that the prosecution failed to prove beyond reasonable doubt that the other two accused Subhadhra Bai and Rama Bai were also involved. Subhadra Bai and Rama Bai were, therefore, acquitted. Present appeal has been filed by the husband Devnarayan.