DURGA KURRE Vs. STATE OF CHHATTISGARH AND ORS

JUDGEMENT

(1.) This appeal arises out of impugned judgment of conviction & order of sentence dated 31.3.2011 passed by the 3rd Additional Sessions Judge, Bilaspur in S.T. No.76/2010 convicting the accused/appellant under Section 302 of the Indian Penal Code (for short 'the IPC') and sentencing him with rigorous imprisonment for life and fine of Rs.100/-, in default to undergo additional R.I. for 01 month.

(2.) As per case of prosecution, Meena Krishnan (since deceased), widow of Late Nilesh Krishnan, had two children. It is alleged that she was having illicit relation with accused/appellant. On 18.1.2010 when she was in her house, the accused/appellant came there, demanded money from her and on her refusal, poured kerosene oil on her and set her ablaze with the help of matchstick. It is further case of the prosecution that accused/appellant himself admitted the deceased in the CIMS Hospital, Bilaspur where she was immediately examined by Dr. Dhamendra Kumar (PW-16) vide Ex.P-16 who noticed 85-90% burn injuries. The In-charge, Police Outpost CIMS, Bilaspur vide Ex.P-8 requested the Executive Magistrate-cum-Tahsildar, Bilaspur for recording of dying declaration of the deceased. Shri J.K. Tiwari (PW-4), Naib Tahsildar, after obtaining certificate from Dr. P. Soni (PW-3) relating to her state of mind, recorded dying declaration vide Ex.P-9 in which she has narrated as to the manner in which she was burnt by accused/appellant. On 19.1.2010 itself FIR (Ex.P-15) under Section 307 of the IPC was registered against the accused/appellant at Police Outpost CIMS, Bilaspur and thereafter on the same day numbered FIR (Ex.P-25) under the same offence was also registered at Police Station Masturi. During course of hospitalization at CIMS, Bilaspur the deceased also made oral dying declaration before her relatives i.e. PW-6 Muktawan Ghosle (father of deceased), PW-10 Devendra Kumar Krishnan (son of deceased) & PW-11 Laxminarayan (brother of deceased), and also before Dr.Satya Prakash Singh (PW-15). On 22.1.2010 the relatives of deceased got her discharged from the CIMS, Bilaspur and took her to the hospital at Bhilai but she was again brought back to CIMS, Bilaspur where she succumbed to her burn injuries on 23.10.2010. Merg intimation (Ex.P-21) was given by the Ward Boy on 23.1.2010. Post-mortem on the body of deceased was conducted by Dr. Pranav Andhare (PW-8) vide Ex.P-13 on 24.1.2010 who opined that cause of death was extensive burn, shock and septicaemia.

(3.) After completion of investigation, charge sheet was filed against accused/appellant for the offence punishable under Section 302 of the IPC and accordingly the charge was framed against him by the Court below.