(1.) THE appellant has been convicted under section 302/201, Indian Penal Code by judgment dated 9 -2 -88 of I Addl. Sessions Judge, Raipur in S.T. No. 185/86. He has been found guilty of committing riiurder of his wife Saroj on 22 -4 -1986 by strangulating her and further attempting to destroy the evidence of murder by setting her to fire after pouring Kerosene oil on her body.
(2.) THE conviction is based on circumstantial evidence only. Saroj met her death within one year of her marriage with the accused wherein the accused was demanding a scooter, a gold chain, bus fare from her father Durgaprasad. However Durgaprasad was able to give only the bus fare and wrist watch and some money. The accused continued to demand scooter and gold chain and was unhappy with the deceased and her parents for not meeting the demand. The accused was residing in Dhamtari with his wife Saroj and his brother Anoop and sister Vimla. On the day in question at about 1 -30 p. m. his brother and sister had gone out to meet their other brother Mahesh in Dada Dharmshala and at that time the accused strangulated her and set her body on fire and thereafter started crying on which the Mohalla people came and put off the fire on the body of the deceased by throwing sand on her. He also suffered some superficial bums on his hands and Knees. He lodged a report at police station that his wife committed suicide. It was a false report. In the postmortem examination of the body a post of two doctors found that the cause of death was strangulation and the bum injuries. There was no carbon in her nostles or in the air passage. The circumstances relied upon by the trial court in convicting the accused were as under - -
(3.) THE prosecution has examined 21 witnesses of which PW Dr. Bajpai has examined the accused on 22 -4 -1986 at 4 p.m. and found superficial bums on the both legs and dorsum of foot. He also found superficial bums with blister 1x1 cm. oval at medial aspect of left elbow joint. Bums covered 5% of the body and according to the doctor they could heel within 2 -3 weeks, if not complicated. PW 20 Dr. Qadeer had conducted the postmortem examination on the body of Saroj. The autopsy was conducted on 5 -35 p.m. on 22 -4 -1986. The cause of death was asphyxia and could be due to throttling. Intensive bums were postmortem. The time of death was opined within 48 hours. Smell of Kerosene oil was present on the body. Rigor mortis was present. The bums were 80%. They were deep and superficial. The tongue was protruding out and conjested. There was frothy bleeding from nose and mouth. Hands were clenched. Scalp hairs were partially burnt in interior part, eye lashes, eye brows, public hairs were partially burnt. Full face, neck, chest, abdomen all sides except axila burnt. Both buttucks, thigh, half legs were burnt. Mucus membrane of lyranx was conjested and foath was mixed with blood. Trachea had froth with blood in it. Left heart was empty and right was full of blood. There was semi digested food present in the stomach. Lines of demarcation and vesicle were not present. The bums were found postmortem. Doctor stated that the cause of death was throttling. The body was still fresh and there was no fracture of any of the bones of the neck or lyranx and trachea. He opined that protruding of tongue does not occur due to burning of the body. He explained that his opinion that bums were postmortem was based on absence of line of demarcation and vesication. It was a body of healthy lady.