- (1.) This appeal arises out of the Judgment of conviction and order of sentence dated 27.05.2003 and 28.05.2003 respectively, passed by learned Additional Sessions Judge, Fast Track Court No. 1, Chaibasa, in Sessions Trial No. 31 of 2000, convicting the appellant under section 302 IPC and sentencing him to undergo R.I. for life and pay a fine of Rs.4,000/- and in default R.I. for six months was imposed.
(2.) The prosecution case is based on the dying declaration of Jema Purty ( deceased-wife of the appellant). She gave the said statement in the ladies ward of hospital on 11.9.1999 at about 10 P.M. before Shakuntala Devi, the Sub Inspector of Police-, Sadar Thana ( Court Witness-1), to the effect that the appellant had two wives. The first wife was alive. The appellant was working as a Peon in the Forest Department. He was not providing her expenses, for which there was quarrel between them in the morning on that day. The appellant called the deceased in a bungalow of one Forest Officer (K.K. Chatterjee) where she reached at about 6 P.M. The officer was not present. In the veranda, where the appellant used to live, he started quarreling with her again. The appellant became furious and sprinkled kerosene oil on her body and lighted match, due to which she started burning. On her cry, P.Ws.-1 and 2 reached there and they along with appellant took the deceased for treatment in hospital.
(3.) The police registered a case under section 498(A) and 307 IPC . The deceased Jema Purty died after about four days i.e. on 14.1.1999 during treatment. The I.O. added section 304 (B) IPC and the chargesheet was submitted under section 304 (B) IPC, on which cognizance was taken. However, the trial court altered the charge under section 302 IPC after hearing the parties. Accordingly, charge was framed.;