1. Hindus and Muslims have lived in our country for centuries but our relationship is tricky and gets trickier if there is a love affair between a girl and a boy of the two communities. This is evident in this appeal, where the main question is,

'Whether the Hindu girl Karuna (the Deceased) committed suicide because of the failure of the approval of her love with the Muslim boy Sheikh Mohammad (the Appellant); or The Appellant burned her because she had gone to another village Chirmiri to tie rakhi on her brother.'

2. The aforesaid question arises in this criminal appeal against the order of conviction and sentence dated 29.01.1997 passed by the Additional Sessions Judge, Surajpur, District Surguja (the ASJ) in Sessions Trial No. 431 of 1993,

Convicting the Appellant under section 302 Indian Penal Code (IPC); and

Awarding life imprisonment with fine of Rs.3000/-and in default of payment fine, further rigorous imprisonment for three months.

THE FACTS

3. The Deceased was seen ablaze in an incident at 21:45 hours on 03.08.1993.

4. Dr. Nirmal Kumar Jain, a doctor (PW-15) (the Informant) was called. He recorded the oral dying declaration (Ex. P-10) of the Deceased and sent a report to the Town Inspector, Police Station Surajpur, requesting to draw appropriate proceedings.

5. On the basis of the aforesaid report, a first information report (the FIR) (Ex. P-14) was recorded on 04.08.1993 at about 00:30 hours. It was registered as crime number 163/ 1993 under section 307 and 452 IPC at police station Surajpur, District Surguja.

6. The FIR (Ex. P-14) records the fact that it was being registered on the basis of the report received from the Informant (PW-15) and then reproduces the report sent by the Informant.

7. The allegations in the report of the Informant (Ex. P-10) that were reproduced in the FIR (Ex. P-14) are as follows:

(a) The Informant (PW-15) had treated the Deceased in the burned condition at 10:15 hours on 03.08.1993;

(b) The Deceased informed the Informant (PW-15) that:

The Appellant had entered the house and said that he will not leave her alive, because she had gone to Chirmiri to tie rakhi on her brother.

Then, the Appellant beat her and set her ablaze by cigarette after pouring kerosene oil;

(c) The report be lodged and appropriate proceedings be taken.

8. The Deceased was first taken to Primary Health Centre, Devnagar (the PHC). She was given first aid and was referred to the District Hospital, Ambikapur (the Hospital). She expired at 03:00 hours on 04.08.1993 in the Hospital.

9. The police submitted the police report alongwith charge-sheet against the Appellant under section 452 and 302 IPC.

10. The case was committed to the Sessions Court for trial and was registered as Sessions Trial No. 431 of 1993.

11. The ASJ framed charge on 15.12.1993 charging the Appellant under sections 449 and 302 of IPC.

12. Among others, the prosecution has filed the following documents in support of its case. In these documents exhibit number is written by pen. This number is circled by blue pencil and another number is written. In the details mentioned below, the number written by pen is mentioned. The documents are as follows:

Notice under section 175 CrPC (Ex. P-1);

Inquest (Ex. P-2);

Memorandum of seizure of kerosene lamp, glass bottle, bidi, match box etc. (Ex. P-3);

Memorandum of seizure of clothes and body parts of the Deceased (Ex. P-4);

Intimation by the Dr. CK Rai (PW-8) to the Police that a female in 100% burnt condition was brought at 00:20 hours on 04.08.1993 and was referred to district hospital, Ambikapur at 00:40 hours (Ex. P-5);

Spot map prepared by the Patwari (PW-9) (Ex. P6);

Post-mortem report (Ex. P-7);

Report of the Doctor (PW-8) regarding death of Deceased (Ex. P-8);

Morgue intimation (P-9);

Report sent by the Doctor (PW-15) to the Town Inspector (Ex. P-10);

Dying declaration of the Deceased (Ex. P-11);

MLC report of the Deceased (Ex. P-12);

MLC report of Smt. Dhanraso (PW-1) (Ex. P-13);

First Information