SANA MALI Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Appellant by filing this Appeal has assailed the judgment of conviction and order of sentence dtd. 17/5/2016 passed by the learned Additional Sessions Judge, Bhawanipatna in Criminal Trial No.23 of 2015 (Sessions) arising out of C.T. Case No.52 of 2015 corresponding to Bhawanipatna Town P.S. Case No.16 of 2015. The Appellant (accused) thereunder has been convicted for commission of offence under Sec. -302/326 of the Indian Penal Code, 1860 (for short called as the IPC). Accordingly, the Appellant (accused) has been sentenced to undergo imprisonment for life and pay fine of Rs.10,000.00 in default to undergo rigorous imprisonment for a period of six (6) months for offence under Sec. -302 of the IPC. Further, he is sentenced to undergo rigorous imprisonment for a period of ten (10) years and to pay a fine of Rs.5,000.00 only in default to undergo rigorous imprisonment for six (6) months for the offence under Sec. -326 of the IPC.

(2.) Prosecution Case:- On 24/1/2015 at about 9 am, one Budu Goud (Informant-P.W.14) submitted a written report with the Inspector-In-Charge (IIC), Bhawanipatna Town Police Station, stating therein that his niece Pichi @ Debanti Goud after the death of her parents was staying with him and he was taking her care in maintaining her. It is stated that this Appellant, who was residing in the nearby area was in love with his niece and he was regularly visiting their house. On 16/1/2015 around 7 pm after Budu (Informant-P.W.14) returned home; he was served with food by Pichi @ Debanti and thereafter, she with other girls of the area left home. After some time, accused having assaulted Pichi @ Debanti brought her to the house. The accused was threatening to kill Pichi @ Debanti by setting fire at her. Thereafter, the accused pouring Kerosene over the body of Pichi @ Debanti is said to have set her ablaze. Pichi @ Debanti being set to fire raised hullah saying 'Marigali Go Bua' and come out of her house, when her entire body was burning. Budu, the Informant (P.W.14) made all attempts to put out the fire and during that period, the accused left the place. An Ambulance being called by the neighbours, Pichi @ Debanti was shifted to the Hospital and there while undergoing treatment she died on the 23/1/2015.

(3.) Receiving the above written report from the Informant (P.W.14), the Inspector-In-Charge (IIC) of Bhawanipatna Town P.S., treated the same as F.I.R. and registering the case, took up investigation. The Investigating Officer (I.O.-P.W.18) in course of investigation, examined the Informant (P.W.14) and other witnesses. He then visited the spot and prepared the spot map, Ext.8. The I.O. (P.W.18) held inquest over the dead body in presence of witnesses and the report i.e. Ext.3. The dead body was sent for postmortem examination, incriminating articles such as the half burnt wearing apparels of the deceased, bottle containing kerosene oil and match box with sticks were seized under seizure lists. On that day around 7 pm, the accused was arrested. On the next day, the accused was forwarded in the custody to the Court. In the meantime, when the deceased was undergoing treatment, the Doctor (P.W.5) had recorded the statement of the deceased (dying declaration). The said dying declaration along with the bed head ticket maintained during treatment of the deceased were also seized. On completion of investigation, the Final Form was submitted placing this accused with his parents to face the trial for commission of offence under Sec. -302/326 of the IPC.