KISMAT DHANWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been filed against the judgment of conviction and order of sentence dated 01.08.2013 passed by Additional Sessions Judge Raigarh in Sessions Trial No. 15/2011 convicting the accused/appellant under Section 302 IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 20,000/-, plus default stipulation.

(2.) Name of the deceased in this case is Aruna Kumari - wife of the accused/appellant. It is said that after marriage the accused/appellant started living in the house of his mother-in- law where he used to pick up quarrel with the deceased after consuming liquor. On 12.11.2010 also there was quarrel between the two as the deceased had seen the photograph of some girl in the purse of the accused/appellant. On the next day, it is alleged that the accused/appellant dragged the deceased into his room and set her ablaze after pouring kerosene on her body. On hearing the cries of the deceased, when mother of the deceased namely Punai Bai (PW-1) reached near the room, accused/appellant ran away and then the deceased told her that it is the accused/appellant who burnt her after pouring kerosene on her body. Thereafter, the deceased was first taken to Tamnar Hospital but looking to her condition she was shifted to Raigarh where she died during treatment on 14.11.2010. According to the doctor conducting postmortem examination (PW-12), the deceased had suffered 99 per cent burn. On the basis of intimation sent by the ward boy of the hospital, merg Ex. P-22 was registered. Thereafter, un-numbered FIR Ex. P-19 was registered on 14.11.2010 followed by numbered one Ex. P-21 which was registered on 16.11.2010 at the instance of PW-1. After drawing inquest Ex. P-5, dead-body was sent for postmortem examination which was conducted by Dr. A.K. Kushwaha (PW-12) who gave his report Ex. P-18. After investigation, charge-sheet was filed by the police under Section 302 IPC followed by framing of charge by the Court below accordingly.

(3.) In order to prove the complicity of the accused/appellant in the crime in question, the prosecution has examined 15 witnesses. Statement of the accused/appellant under Section 313 Cr.P.C. was also recorded in which he denied his guilt and pleaded innocence and false implication in the case.