BALRAM DANSENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this Jail Criminal Appeal, the appellant has challenged the judgment and order dated 29.11.2001 passed by the learned Ad hoc Additional Sessions Judge, Sundargarh in S.T. Case No. 232/16 of 1999 convicting the appellant under Section 302 of the I.P.C. and sentencing him to undergo imprisonment for life.

(2.) Shorn of unnecessary details, the prosecution case is that the accused-appellant and his wife-Kamala (deceased) shifted from their village-Dudikarei and stayed in the rented house belonging to P.W. 6 in village-Daijimahul. On 29.03.1999 at about 9.00 P.M., the appellant became angry and annoyed with his wife as because she gave away a sum of Rs. 100/- to her nephew- Baleswar Naik for his treatment on the previous day. He was annoyed because his wife had given the money without his consent and out of anger he poured kerosene from the 'Dibiri' over his wife, Kamala and set her on fire with a lighted match stick. After setting her on fire, he left the village. Kamala tried to extinguish the fire and crawled out of her house and raised alarm. Some neighbours and co-villagers gathered and gave her water to drink. Before them on the spot she narrated the incident. Being called the Grama Rakshi came to the spot and thereafter informed the Sadar Police Station about the incident. The I.I.C., Sadar Police Station reached the spot and before him Laxman Chhatria (P.W. 11) submitted a written report which was sent to the police station where the case was registered under Sections 498-A/307 of the I.P.C. The injured victim was shifted to District Headquarters Hospital, Sundargarh in the police Jeep. Since her condition was critical, the emergency doctor (P.W. 17) recorded her dying declaration. While undergoing treatment in the hospital, the victim succumbed to the burn injuries in the early hours of 31.3.1999 whereupon the I.I.C. Sadar Police Station converted the case to one of murder under Section 302 of the I.P.C.

(3.) The defence plea is one of complete denial of the prosecution case. Further the accused in his statement under Section 313, Cr.P.C. took a plea of alibi stating that on the date of occurrence he was not available in the village but had gone to village-Karamdihi to work as a daily labourer.