MADHU NAIK Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE appellant has been convicted Under Section 302 of the Indian Penal Code (for short, 'I.P.C.') and sentenced to suffer rigorous imprisonment for life for having committed the murder of his wife Alima by pouring kerosene on her person and setting her aflame.

(2.) CASE of prosecution as emerging from the F.I.R. and the evidence on record is as follows : The appellant is a resident of Bhandisahi in Koraput town and has left out some of his rooms to P.Ws.2 and 3 on monthly rent. On 5.9.1 991 in the evening the appellant quarrelled with his deceased wife, snatched away Rs. 2/ from her and left the house. At about 6.30 p.m. he returned home being drunk and asked his deceased wife who was sitting in front of the kitchen to pay him some money. When the deceased refused to pay him any money, the appellant poured kerosene on her body and set fire by a lamp (Dibiri) which was burning. The deceased came out of the house burning and shouted that her husband, the appellant, set fire to her body by pouring kerosene and fell down in front of the house. The neighbours rushed to the spot, poured water on the burning body of the deceased and removed her in a rickshaw to the District Headquarters Hospital, Koraput for treatment. The doctor (P.W. 1) admitted the deceased as an indoor patient in the hospital and sent written report stating therein that the deceased had been admitted to the hospital with extensive burn injuries on her person. He also stated that it was the appellant who did it. The said written report was treated as F.I.R. and police initially registered a case Under Section 307, I.P.C. and took up investigation. The deceased, however, succumbed to the burn injuries on the next day morning at about 4.55 a.m. Following the death, the case was treated as one Under Section 302, I.P.C. and the appellant was placed on trial.

(3.) PROSECUTION in order to establish its case examined thirteen witnesses. P.W.I 1, the minor son of the appellant, was examined as an eye witness. He, however, turned hostile when he stated that his mother herself poured kerosene on her body and set fire with the help of a burning lamp. According to him, his mother committed suicide by burning herself. P.Ws.2 and 3 who were tenants of the appellant stated that the deceased came out of her house stating that her husband set fire to her by pouring kerosene. P.W.I is the doctor who admitted the deceased in the Hospital for treatment. He has recorded the dying declaration (Ext.3) of the deceased. P.W.4 is another doctor who conducted postmortem examination P.W. 12 is the Investigating Officer.