Decided on August 04,2003

Kalipad Vishwas Appellant
State Of M Pcg Respondents


L.C.BHADOO,J. - (1.)SINCE both these Criminal Appeals namely Criminal Appeal No. 2575 of 2000 filed by Kali Pad Vishwas and Criminal Appeal No. 2645 of 2000 filed by Arun Sarkar arise out of the same judgment an out of the same incident, they are being disposed of by this common judgment.
(2.)ACCUSED /appellants Kali Pad Vishwas and Arun Sarkar have preferred these criminal appeals under Section 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment of convictions and sentences dated 30th September, 2000 passed by the learned First Additional Sessions Judge, Bastar at Jagdalpur, in Sessions Trial No. 170 of 1998 by which the learned Additional Sessions Judge after holding accused/appellant Arun Sarkar guilty of the offence punishable under Section 302 of the Indian Penal Code convicted him under this Section and sentenced him to under go imprisonment for life and to pay a fine of Rs. 5,000.00 in default of payment of fine to further undergo rigorous imprisonment for six months. Accused/appellant Kalipad Vishwas has been convicted for the offence punishable under Section 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 1,000.00 in default of payment of fine to further undergo imprisonment for one month.
Briefly stated the facts of this case are as follows : Archana Sarkar (since deceased) was married to accused Arun Sarkar in the year 1990 and since then they were residing together in their house situated in Dharampura No. 3, Jagdalpur. Accused Kalipad Vishwas is the brother-in-law (sister's husband) of accused Arun Sarkar. On29-1-1998inthenightbetween 8 and 8.30 Archana Sarkar was admitted to Maharani Hospital, Jagdalpur in a burnt condition. In the Hospital, the Police Head Constable Anukul Chand got the accused Arun Sarkar and Archana Sarkar medically examined. The medical reports are Exs. P/1 & P/8 respectively. As Archana Sarkar was admitted to me hospital Head Constable Anukul Chand got her dying declaration recorded by Tahsildar S.K. Goutam in the presence of Dr. Somesh Pandey and Smt. Gouri Paul, sister of Archana Sarkar. The dying declaration of Archana Sarkar is Ex. P/2. As in the dying declaration (Ex. P/2) Archana Sarkar had stated mat she had sustained burn injuries accidentally, no case was registered and the matter was entered only in the Rojnamcha Sanha (Ex. D/4A). One Pradeep Chauhan informed Smt. Gouripal - sister of Archana Sarkar and Dhulubai who were residing at Jagdalpur only. They informed their brother D.N. Roy at Bhilai. On receiving this information D.N. Roy reached Jagdalpur and after seeing the serious condition of Archana Sarkar he took her to Bhilai on 30-1-1998 for better treatment. At Bhilai deceased Archana narrated the incident to her sisters Smt. Gouripal, Dhulubai, Smt. Ranju Roy, sister-in-law (Bhabhi) of the deceased, brother D.N. Roy and father Upendranath Roy. On enquiry by them the deceased told them that her husband accused Arun Sarkar had burnt her for money and on account of his illicit relations with some other girl. Thereafter D.N. Roy informed the Police. Looking to the serious condition of the deceased the Police sent a letter to the Tahsildar N.R. Sahu (PW-3) for recording the dying declaration of the deceased. Tahsildar N.R. Sahu recorded the dying declaration of the deceased at Bhilai Sector-9 Hospital on 2-2-1998 in which Archana Sarkar stated that on a dispute regarding preparation of the food her husband Arun Sarkar after putting a jute bag on her body set her on fire by matchbox. On hearing her cries one Manmath, a Rickshaw Puller came and thereafter Mam the fire. Accused Arun Sarkar, Manmath and the mother of Ribbo took Archana Sarkar to the hospital. She also disclosed that accused Kalipad Vishwas threatened her at Jagdalpur Hospital that whatever happened has happened, she should not disclose it to anyone, otherwise her daughter and brother would be murdered. She further stated that due to this reason she did not disclose the true facts earlier. Tahsildar N.R. Sahu recorded the dying declaration (Ex. P/3). On 3-3-1998 at about 8.35 a.mi Archana succumbed to the bum injuries sustained by her. Ward Boy Kamta informed Sector-6 Police Station about the death of the deceased. The Police recorded Merg intimation. A.S.I. R.B. Tiwari after giving notice (Ex. P/5) to the relatives of the deceased prepared Naksha Panchayatnama (Ex. P/4). Thereafter A.S.I. R.B. Tiwari sent a requisition to the Government Hospital for post mortem of the dead body of the deceased. Dr. P.K. Agrawal conducted the post mortem examination on the dead body of deceased, Archana Sarkar. All the papers were sent to the Police Station Jagdalpur. A.S.I. of Police Station Jagdalpur K.K. Sahu in turn prepared the map (Ex.P/18) of the place of the incident. Vide Seizure memo Ex.P/10 Investigating Officer Purshottam Sharma seized the letter (Ex. P/9) from the possession of D.N. Roy which was written by Gouripal to Rajesh Pandey. On 19-2-1998 the first information report (Ex.P/15-A) recorded and a case was registered for the offences punishable under Sections 302 and 201 of the Indian Penal Code. Accused Arun Sarkar was arrested vide arrest memo Ex.P/15. During investigation the Investigating Officer vide Ex.P/11 seized a copy of the complaint (Ex.P/12) made by the father of the deceased to Superintendent of Police, Jagdalpur, the letter (Ex. P/13) written by accused Arun Sarkar and Ex.P/14 the affidavit given by accused Arun Sarkar. The letter (Ex. P/7) dated 21-7-1997 written by the deceased to her sister in law namely Ranju Roy was also and seized.

(3.)AFTER completing the investigation the Police filed the charge-sheet against the accused/appellants Arun Sarkar and Kalipad Vishwas before the Chief Judicial Magistrate, Jagdalpur. The C.J.M. committed the case to the Court of Sessions Judge, Jagdalpur who in turn transferred the case to the Court of Additional Sessions Judge, Bastar at Jagdalpur for trial.

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