UMESH THAKUR Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the learned Sessions Judge, Special Division, Sikkim convicting the appellant uner Section 302 IPC and sentencing him to imprisonment for life with a fine of Rs. 3,000 for having caused death of his wife. Shrimati Dayanti Devi Thakur on 16-6-1997 at Tadong Bazar under Sadar Police Station, Gangtok.

(2.) Prosecution case is that on 21-5-1997 nine neighbours of the appellant, including Gorakh Nath Prasad, PW-6, Mrs. Bishnu Bhandari, PW-8 and Tenzing Bhutia PW-10, made a written complaint (Ext. P-2) to the Incharge, Tadong Police Station (outpost) to the effect that the appellant had been harassing and beating his wife and had also been showing knife to her every now and than. General Diary Entry Serial No. 196 to that effect was made on that date at 1100 hours at Tadong Police Outpost. Vide the subsequent G.D. Entry No. 197 of the same date recorded at 1130 hours, appellant Umesh Thakur was brought to the Thana and was advised not to beat his wife. The G. D. entries were proved vide Exhibit P-3. On 16-6-1997 at about 4.30 p.m., one Tarachand of Tadong Bazaar appeared at the Tadong Out Post and informed Thoman Kumar Mawbag, PW-1 who was In-charge of Tadong Police Outpost that the wife of the appellant had sustained burn injuries and a number of people had gathered outside the shop house of the appellant to put of the fire. On receipt of that informatinon, PW-1 along with one constable rushed to the place of occurrence. The appellant with the help of some other people was found evacuating the victim to the hospital by a Maruti Van. PW-1, accompanied the Maruti Van to the STNM Hospital leaving behind the constable who had accompanied him, at the place of occurrence. He prepared a report addressed to the Officer-in-Charge, Sadar Police Station, Gangtok stating therein that from the information received from Tarachand Prasad and also on enquiry, he had found that the appellant used to suspect his wife's fidelity and had, therefore, attempted to kill her by pouring kerosene over her and also that the appellant was being produced after having been arrested. That report is Exhibit P-1. On the basis of that report Sadar Police Station Case No. 81(6)97 dated 16-6-97 u/s. 498A/207 IPC was registered against the appellant. Officer-in-Charge Sadar Police Station, Gangtok endorsed the First Information Report for investigation to Sub-Inspector, B.B. Kharel, PW-13. The Investigating Officer formally arrested the appellant who had been produced before him by the Out-Post Head Constable, Thoman Kumar Mawbag, PW-1. Thereafter, he proceeded to the emergency ward of the STNM Hospital, Gangtok where the victim Dayanti Devi had already been admitted with about 95% burn injuries. He has deposed that he found the condition of the victim o be very serious and the doctors attending on her also informed him that her condition was serious. Therefore, he made a requisition to the District Magistrate for recording of the statement of the victim under Section 32 of the Evidence Act. The statement under Section 32 of the Evidence Act was recorded by Mrs. Ganga Pradhan, Sub-Divisional Magistrate (East), (P.W 12), at the STNM Hospital. At the time of the recording of the statement, Doctor Jigme Tenzing, PW-7 was also present. Doctor Jigme Tenzing has deposed that on 16-6-1997, the Sub-Divisional Magistrate, Mrs. Ganga Pradhan requested him to examine the general health of Dayanti Devi who had been brought to the STNM Hospital at about 5.15 p.m. on the same day with 90% burns and to cerify whether the victim was in a sound mental condition to give her statement. Accordingly, he examined the general condition of the victim and issued a certificate (Ex. P6) to the effect that the victim was in a sound mental condition to give her statement. Dying declaration in the form of questions and answers is Exhibit P-7 and is to the effect that the appellant set her on fire with kerosene oil.

(3.) After the dying declaration had been recorded, the Investigating Officer proceeded to the place of occurrence at about 1915 hours, the place of occurrence being the residence of the appellant and the victim located in the inner side of the shop of the appellant. He prepared a rough sketch map (Exhibit P-15) of the place of occurrence. He also seized one yellow plastic 5 ltrs. Jar (Mahatma brand) containing -th ml. of kerosene in it and one used match box of chirag brand and one burnt match stick from the inner room of the residence of the appellant in the presence of two attesting witnesses. The next day, he went to the place of occurrence with a photographer of the Crime Branch, namely, S.I., Dawa Tamang, P.W. 9 who took photographs of the residential room of the appellant from all material angles. The I.O. also recorded the statement of the witnesses including the complainant. On 21-6-1997 he received the information that the victim had died in the hospital. Accordingly, he proceeded to the STNM Hospital mortuary where the dead body was lying. He conducted inquest on the dead body of the deceased Dayanti Devi in the presence of two witnesses. The postmortem was conducted by Doctor S.D. Sharma, (P.W. 2) Sr. Medico Legal Specialist of the STNM Hospital, Gangtok. Dr. Sharma detected antemortem injuries on the body with "four smelling infected superficial to deep burns over the lower part of face, neck, both upper limbs, whole of the chest and trunk and both lower limbs." Accordingly to him "the cause of death was toxaemia and septecimia following secondary infection of 95% superficial to deep burns produced by flame." His report is Exhibit P-4. After completing the investigation, the I.O. filed chargesheet under S. 302, IPC against the appellant.