STATE Vs. P L JOSEPH

JUDGEMENT

(1.) In this appeal filed under Section 378 of the Code of Criminal Procedure (hereafter Cr PC), the State calls in question judgment and order dated 30th September, 2009 passed by the learned Sessions Judge, Andaman & Nicobar Islands, Port Blair in Sessions Case No. 42 of 2001 arising out of G .R. Case No. 19 of 2001 in connection with Pahargaon P.S. Case No. 03 of 2000 dated 4th January, 2000. The learned Judge acquitted the Respondents under Section 235(1), Cr PC holding them not guilty of commission of offences punishable under Sections 302/34 of the Indian Penal Code [hereafter IPC].

(2.) The first Respondent in the appeal is the husband of the second Respondent. Charge framed against them reveals that on or about 4th January, 2000 at Garacharma, within the jurisdiction of Pahargaon Police Station, in furtherance of their common intention they committed murder by intentionally causing the death of Smt. Sakti (hereafter the victim), by pouring kerosene oil on her body and setting her on fire on 4th January, 2000, consequent whereto she succumbed to her injuries on 7th January, 2000, thereby committing offences punishable under Section 302/34, IPC.

(3.) The prosecution case is that the second Respondent had taken the victim on a scooty, in the evening hours of 4th January, 2000, to a lonely place at Garacharma where the first Respondent poured petrol on the person of the victim and after setting her on fire, left her at the spot. The police was informed by one S.C. Ganguly who had seen the burnt body of the victim for the first time. On receipt of such intimation, the police plunged into action and went to the spot, wherefrom the victim was lifted and shifted to G.B. Pant Hospital (hereafter the hospital). At the hospital, the victim made a dying declaration implicating the Respondents as responsible for setting her on fire, which was recorded by G. Ravindran Kurup, Executive Magistrate (PW-12). The dying declaration of the victim was treated as the First Information Report (hereafter FIR) and a case alleging commission of offence punishable under Sections 307/34 of IPC was registered against the Respondents. Subsequently, with the death of the victim on 7.1.2000, the case was converted to one alleging commission of offence under Section 302, IPC.