DURGO Vs. STATE

JUDGEMENT

(1.) In the year 1980 Smt. Durgo was married to Lila Dhar. However, soon. thereafter their matrimonial life started facing rough weather. The reason being, besides petty domestic differecces, his addition to smack. Both were living in a portion of the house belonging to Umrao Lal and Smt. Bhouri, parents in law of Smt. Durgo. On the fateful day of October 13, 1985 at about 3 p.m. Umrao Lal and Smt. Bhouri heard Lila Dhar shouting Bachao Bachao. They rushed to his room which was bolted from outside and on opening the same found their son in flames. He told them and Dal Chand (who too had arrived there) that it was his wife who had poured kerosence oil on him and had set him ablaze Soon thereafter he was rushed to the hospital. At the hospital, immediately on his admission he told the doctors attending upon him that he had been burnt by his wife. This was at about 3.55 P.M. The same day at about 4.20 p.m., on his having been declared fit to make statement, S.I. Dharam Singh recorded his statement. The same is Ex. 17/A. Therein also he stated in clear and unambiguous terms that it was his wife who had poured kerosene oil on him and had set him on fire by using a match box. He also spoke of his frequent quarrels with his wife.

(2.) On October 14, 1985 Lila Dhar went to eternal sleep. His mortal remains were subjected to post mortern by Dr. A.S. Sen who found burn injuries of second to third degree scattered over the right side and back part of head, face, neck all round, right upper limb all over except back of elbow and upper half of forearm, left upper limb all over except back of lower half of arm upto the upper half of forearm, front and sides of chest and abdomen upto the level of umblious, antero-medial part of lower half of the right thigh and knee, antero-madial part of lower half of left thigh extending upto the upper third of the leg and back of chest upto the level of 2" below the level of interior angle of scapula. He also found cuticle lackened and peeled off at places over the burnt areas. In his opinion injuries were sufficient to cause death in the ordinary course of nature.

(3.) The learned Additional Sessions Judge framed charge under section 302 ot the Indian Penal code and on conclusion of the trial found Smt. Durgo guilty. He consequently convicted her under section 302 of the Indian Penal Code and sentenced her to imprisonment for life besides a fine of Rs. 50/? Hence, this appeal.