SHASHIDHAR KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this appeal the appellant assails legality and validity of the judgment of conviction and order of sentence dated 30.09.2014 passed by the Additional Sessions Judge, Korba, District Korba, in Sessions Trial No. 2/2014, whereby the appellant has been held guilty for commission of offence under Section 302 IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 1000/- plus default stipulation.

(2.) Undisputedly, the deceased was the wife of the appellant. She sustained burn injury on 15.05.2013 at her residence. She was taken to Apollo Hospital as she had sustained extensive burns. She later on died on 22.05.2013. Inquest over dead body was prepared and the matter was taken in merg inquiry. Postmortem report prepared by the doctor declared that the deceased died due to extensive burn injuries. The matter was taken up in merg injury which culminated in registration of FIR on 10.07.2013 wherein it was alleged that the appellant set his wife ablaze in the house.

(3.) The FIR contained the statement regarding recording of dying declaration of the deceased by the Executive Magistrate (PW-3) on 21.05.2013 i.e. during the period the victim remained admitted in the hospital receiving treatment. During investigation, Investigating Officer claims to have recorded case diary statements of number of witnesses particularly that of the father of the deceased (PW-2). Statement of neighbour including that of Mohammad Salim (PW-12) was also recorded. The investigation eventually culminated into filing of charge sheet against the appellant on the allegation of having committed murder of his wife by pouring kerosene on her and setting her ablaze. Charges were framed and the appellant having abjured guilt was put to trial.