NIRU NANHAR BECCK Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant, a lady from jail, assails her conviction under Section 302, of the Indian Penal Code and sentence of imprison ment for life.

(2.) Prosecution case is, on 7-10-1989 sometime in the midnight. Ganduri (herein after referred as 'the deceased) the second wife of Bandhanu was sleep ing in the house. The appellant put kerosene on her body and set fire with the help of one bibiri as a result of which 75% of the body was burnt. On a report having been lodged. The case was registered and she was examined by the Doctor at the Hatibari Public Health Center where her dying declaration was recorded and subsequently. The injuries being serious in nature, she was referred to the Rourkala General Hospital where she was treated as an indoor patient but ultimately died about 35 days thereafter on developing titanous. The appellant denied her indictment.

(3.) Mr. A. C. Mohanty, learned counsel for the appellant, submitted that, in the absence of any satisfactory evidence against the appellant it was an error on the part of the learned Additional Sessions Judge in recording the conviction only on the basis of the dying declaration recorded by the Doctor which itself suffered from various infirmities. Mr. G. K. Mohanty, learned Additional Standing Counsel on the other hand, supported the judgment of conviction.