SUMANTA SINGH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dtd. 4/4/2016 passed by the learned Additional Sessions Judge-II, Baripada, Mayurbnahj in S.T. Case No.181 of 2015 arising out of C.T. Case No.70 of 2015 corresponding to Karanjia P.S. Case No.26/15 (T.C. No.516/15) of the Court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Karanjia.

(2.) On 18/2/2015 the Inspector-in-Charge of Karanjia Police Station (I.O.-P.W.18) received a written report from one Sardu Singh (P.W.1), who happens to the father of the deceased, namely, Jasoda. The report was to the effect that on 1/2/2015 when he was working in the brick kiln, it was around 8.30- to 9 p.m., he received the information from Laxman Singh (P.W.2) who runs a brick kiln that his daughter had been brunt and her condition was critical. Receiving the said information, he reached his house and found his daughter Jasoda with burn injuries on her waist and downwards. It is stated that Jasoda was then not able to speak. One Ambulance being called, Jasoda was taken to Sub-Divisional Hospital (S.D. Hospital) at Karanjia for treatment and thereafter being referred to the District Headquarter Hospital (in short, 'the DHQ Hospital"), at Baripada for better treatment, she was so shifted. In course of her treatment at DHH, Baripada when the Informant (P.W.1) asked as to how, she sustained burn injuries; Jasoda disclosed that on the relevant night, the accused forcibly entered into their house and attempted to outrage her modesty and when she protested, the accused gaged her mouth with a Chadar and thereafter set fire at her by lighting a matchstick after sprinkling kerosene over her body.

(3.) In course of investigation, the I.I.C. (P.W.18), examined the Informant (P.W.1) and other witnesses. He visited the spot and seized some incriminating materials, such as, the wooden plank, two pairs of chappal of the accused and a plastic bottle emitting the smell of kerosene. He also held inquest over the dead body of the deceased and prepared a report to that effect. P.W.18 then sent the dead body of the deceased for Post Mortem Examination. The I.O. (P.W.18) having received the F.I.R. on 18/2/2015; on 19/2/2015 had got the dying declaration of the deceased recorded by the Executive Magistrate (P.W.6) in presence of the Doctor (P.W.13) and two other witnesses. The incriminating materials were sent for chemical examination through court. On completion of investigation, Final Form was submitted placing the accused to face the Trial for commission of offence under Sec. 451/351/302 of the I.P.C.