WW,W,W WW,W,W Wm ”WWW \ i E 200 l Wm (W) mWW 311w amm- mwm WW WW éqimm The case ofrth’e prosecution in brief is that the Onicer Incharge of the Police Station, Samipali, received telephonic message on 02.8.2000 at about 10.30 p.m. in the night that Sarojini Yadav, resident of Devendra Nagar, Saraipali, has been admitted in the Government Hospital, Saraipali in burnt condition. R6ceiving this information, wheréby the learned Addl. accused appellant guilty for the for committing murder of his sentenced him to undergo imprisonment for life and to pay a iine of Rs.500/- in default of payment of fine, to further undergo R.I. for 3 months. (2) Sessions Judge, after holding the offence punishable 11/ s 302 I.P.C., wife namely Sarojini Yadav @ Rajni, ?.W.11 Bhukanlal Sahu the Head Constable leached the hospital Who made a requisition EXP. 11 to Dr.Narottam Lal Sahu to conduct the medical examination of Sarojini Yadav and in turn t1: Yadav is fully conscious and The smell of kerosene was en The Doctor after medical exa EX.P.16 and mentioned t injuries. The S.D.M., Saiaip declaration of Sarojini, who ' dying declaration. On this, S recorded dying declaration college, Raipur. During the Samjini succumbed to burn e Doctor informed him that Sarojini is responding well to all questions. lanating from the body of deceased. nination, prepared the injury report Salojini has received 80% burn ' was requested for recording dying turn asked S.D. Thakur to record D. Thakur went to the hospital and P.2. She was referred to medical eatment in medical College, Raipur, injuries on 6.8.2000 at about 11.35 \ ) 0163-00,“ h t . ‘ W m ”2"“? i a1 200! mm (13W) WW,®?{1W,W UL'A' q 7 ’ b WW (W) W mm...mm..: 2 ....V1 200‘ mwm, “Li, mm WW $‘aafanam woke up and tried to save the life of time ‘whsn h€ heard cries; he his Wife and as a result of which, he also sustained burn injuries. (4) The learned Addl. Sessions Judge, after hearing counsel for the respective parties convic aforesaid. (5) ‘ We have heard learned have also perused the’Tecords (6) Leained counsel for the that Sarojini died on accoun; More over, from the post m SD. Thakur who recorded th @ Rajni and the evidence established that. the death of Sarojini was on account of burn 1nJunes. (7) As far as the involvement of the accused in the crime in question is concerned, in ths case there is no ocular and direct evidence in order to establisl ‘ed and sentenced the accused as :ounsel for the parties at length and of the sessions trial. appellant has not disputed the fact of burn injuries sustained by her. ortem report, the evidence of P.W.3 e dying declaration of Sarojini Yadav of Dr. RS. Verma (P.W.10), it is the charge against the accused. The whole caSe rests on the follo ing circumstances (i) .'t11at the dying deceased Saroj' P.W.3 S.D. ’l‘hakur on 3.8.2000 and also the oral dying by Sarojini before her father Premlal declaration made Yadav (P.W.7). that at the time of incident, the accused and the deceased were present in the house. eclaration EX.P.2 was made by the i before the Executive Magistrate WW, Wm, W3? Wm a” “.% a1 200: m am m, ' 5“- Wm (W) WW wm $Wa11é¥i (8) As per the settled law, accused based on'the cimum: required to establish the follov the Apex Court rendered in th( State of WJ’. reported in {. below: «- 131 2 evidence, the conclusion of guiT fully established but also that all the circumstances so established s‘ ould be of a conclusive nature and consistent only t 'th the hypothesis of the guilt of the accused. Those ircumstances should not be capable of being explaine by any other hypothesis except the guilt of the, acc sed and the chain of the evidence must be so com lete as not to leave any reasonable ground fOr the belief consistent with the innocence of needs no reminder that legally the accused. It established circumstances and not merely indignation of the court can form the basis of conviction and the more serious the crime, the greater should be the care ' taken to scrutinize the evidence lest. suspicion takes the place of proof. As far as the first point is concerned, P.W.3 S.D. Thakur has stated that on 3.8.2000 he wasworking as Executive Magistrate at ,\I. \ 7250,000f in order to rest conviction of a ;ta_ntial evidence, the prosecution is iing points in View of the decision of : matter Dhananjoy Chattajee ~Vs~ [994) 2 SCC 222, which is quoted case based on circumstantial circumstances from which the t is to be drawn have notonly to be (9) :) n HW,W,W W m C» r. A~ % 7 Lf .. 111 20cm Wm (13W) mm mmwwia‘; m WWW. WW WW 4r awimm Tahsil Saraipali. On that day an thc direction of S.D.M., Saraipali, ha recorded the dying declara1ion of Sarojini in the Govt. Hospital. At that time, the Doctor and nurse were also present. The dying declaration was recorded on 12.15 p.111. in the mid night. He recorded the dying declaration in question and answer form that was completed by 12.30 pm. When he enquired from Sarojini as to who has set her on ’iire, she replied that the Kerosene oil was poured by her husband on her body and thereafter he started abusing her saying why she has not prepared the dry vegetable, then she replied that as you gave poured kerosene oil on her you should also set her on hre by Match Box and she threw a match box towards him. On this, her husband after lighting the match stick, threw the same, as a rssult of which, her Saree caught fire and she sustained buin inju ‘ s (10) P.W.11 Bhukhanlal S 1u, Head Constable has stated that on 2.8.2000 somebody has elephoned that accused Rampyaii who is working as peon in the court of S.D.M. has burnt his wife. Therefore, he went to the pl of occurrence. The people informed him that Rampyare and hi wife have been taken to the Govt. Hospital for treatment. Th fter, he went to the Hospital and submitted the form EXP-11 & P—12 for medical examination of Sarojini and Rampyaie. The eafter, he requested the Tahsildar for recording dying declaration of Sarojini. P.W.14 Dr. Narottamlal Sahu has stated that on .3. .2000 he was working as Assistant Surgeon in the Community ealdl Center, Saraipali. On that day, f// Some a e a WW,W,W W wt 20m ’ WW (W) mwanéw WW wm éwwm the Constable Bhushan Chandrakar brought Sarojini Yadav to the hospital in burnt condition. At that Time, she was conscious and was able to reply the questioiis. The smell of the kerosene oil was emanaiing from her body. T e buin injuries were on both sides of the cheeks, on stomach, ch t, hand and legs. He gave certificate on dying declaration EX.P.2 t E — E portion. On enquiry by the officer who recorded the declaration, he stated that the patient was conscious and n to give her statement. Thereafter, she \was referred to the medi college; Raipur. As per the above Bhukhanlal as also P.W.3 S.D. Thakur, Sarojini Bai was co scious and ht to give her statement and as per S.D. Thakur, s e gave the statement EX.P.2. In the cross examination of this wi ess, the defence has not been able to elicit any circumstance to condition to give her state ent or there was any other person standing behind her to ad ise her to give wrong statement. A perusal of the dying declar tion EX.P.2 shows thatvthe accused appellant asked his wife t prepare dry vegetable whereas she prepared vegetable in which she put the water, when the vegetable was given to the accused ap ellant he became angry and said that as to ‘why she has water in the evidence of the Doctor a c put vegetable. He poured kerosene oil on er body from the lamp (Chimney) that g enraged Saxojini, on this s replied that since he has poured the kerosene, on her body, he s 'ould also set her on lire and gave the match box. The accused l am?) 50nd}.— ok out a stick from the match box, d ' g n s (fIg mw,m,m wk. 0i 7% mm m E 20m WW (W) ‘ mmw i WWW WWW WW WTW§R é1'a1‘mm e? “ lighted thc said match stick anti threw the same, in that process thé saree of Sarojim' caught iire. Thereafter, the accused tried to extinguish the hre and as a result of which he also sustained injuries upto 85%. Then the people of the vicinity took them to the . hospital where the father of ’W deceased Pren11a1 Yadav also came, who was residing in Saraipali tself and who has been examined as P.W.7. He has also Corrobo ated the above fact regarding dying declaration. He has stated th t the villagers brought her daughter and son—invlaw in an Amb lance. They said that they have sustained burn injuries an they are to, be taken to Raipur, therefore, he alongwith his w e took them to Raipur. On enquiry she disclosed that the accuse has set her on fire. Therefore, from the above evidence of Exe utive Magistrate S.D. Thakur, Dr. Narottamlal Sahu and Bhu nlal, it is established that Sarojini was in a ht state of mind to Ve her statement and she gave her dying declaration on her fr will before the Executive Magistrat S.D. Thakur and the same involvement of the accused from the above evidence. (11) Learned counsel for appellant argues that if the dying declaration is taken as it is, this dying declaration it has come on record that when the acc sed appellant became angry because his wife put water in ‘vegetab , in the first instance, he scolded the deceased .Sarojini, thereafte poured kerosene on her body, on which, the deceased herself aid to the accused that since he has been proved by him. Therefore, the setting Victim on tire is established k a i e e h ' i e ' XI-HC—L—78 é:; ’§ ‘r«u g . WW, m, W &. Wt 200 [ §$§§$$ WWW c1 WW (W) WM#WW $Wm /1 poured kerosene on h anger she handed 0v: provocau'on and in hi match stick and afterv which, Saree of the dec injuries. The accuse himself sustained injt facts, it dcamlot be sai intention to cause dea‘ covered under Exceptic (12) On the other han tn'al Court. (13) Having heard c0' the arguments advanc have considered the a1 in heat of passion the Sarojini who in turn 1 and asked him that si body, he should set l lighting the match s V' er body he should set her on hre and in :r the match box to him. On account of tat of passion, the aceused took out the lighting the same, threw it, as a result of eased caught fire and she received the burn tried to save her and in that process, he lies upto 735%, therefore, from the above :l that the accused set her on the with an th and the case of the accused appellant is n 1 of section 300 of I.P.C. V d, Mr. Gupta supported the judgment of the unsel for the palties, in order to appreciate 3d by learned counsel for the appellant, we ‘gument. It is admitted position that when accused poured kerosene on the body of .anded over the Match Box to the accused ace he has already poured kerosene on her Ler on fire also, on this the accused after ,k, threw the same as a result of which, Saree of the deceased Sarojini caught fire, thereafter the accused himself has also tried o extinguish the hre and in that process he sustained burn inju es upto 35%. Therefore, from the above portion of the dying eclaration it shows that the accused was , \/"\angry on account o dry vegetable was. not prepared by the