JUDGMENT :

[Sanjay K. Agrawal, J.]

1. This criminal appeal preferred by the appellants under Section 374(2) of the CrPC is directed against the impugned judgment dated 30-8-2013 passed by the Additional Sessions Judge (FTC), Korba, in Sessions Trial No.38/2012, by which they have been convicted for offence under Section 302 read with Section 34 of the IPC and sentenced to undergo imprisonment for life and pay a fine of Rs. 5,000/- each, in default, to further undergo additional rigorous imprisonment for one year.

2. Case of the prosecution, in short, is that marriage of Mamta (since deceased) was solemnized with appellant No.1 in the year 2001 and on the date and time of offence, they were blessed with two daughters living as one daughter had already died two days after the date of her birth and for which the appellants used to taunt Mamta that she could not give birth to a male child and that would not continue their lineage. It is the further case of the prosecution that on 11-1-2012 in between 6:00 a.m. and 7:00 a.m., at Village Bhulsidih, Chowki Rajgamar, Police Station Balco Nagar, District Korba, the appellants in furtherance of their common intention poured 3 litres of kerosene oil on the body of Smt. Mamta Yadu and set her ablaze by which she started crying out of pain and she was taken to Government Hospital, Korba, it was informed by Dr. R.K. Divya (PW-11) to the police authorities vide Ex.P-14 and ultimately, finding the case to be a difficult one, as deceased Smt. Mamta Yadu has suffered 93% deep burn injuries, she was referred to CIMS, Bilaspur on 11-1-2012 where Dr. Rahul Bhargav (PW-9) – duty doctor, examined her and started treating her vide his MLC report Ex.P-12 and upon examination, he found that the deceased was 93% burnt, but the relatives of the deceased got her discharged from CIMS and admitted her to Jawaharlal Nehru Hospital & Research Centre, Sector-9, Bhilai where the treatment started vide Ex.P-19. On 13-1-2012 at 9:45 p.m., opinion was given by Dr. Madhusudan Gupta (PW-19) that deceased Mamta was in fit mental and physical state of mind to give declaration and accordingly, on 13-1-2012 between 10:10 p.m. and 10:40 p.m. exhaustive and elaborate dying declaration of the deceased was recorded vide Ex.P-22 by Executive Magistrate C.P. Mishra (PW- 21) and thereafter on the next day on 14-1-2012 at 6:30 p.m., during the course of treatment, Smt. Mamta Yadu succumbed to the injuries sustained by her and ultimately died vide death certificate (part of Ex.P-19) pursuant to which postmortem was conducted by Dr. N.C. Rai (PW-22) vide Ex.P-23 who opined that death was on account of septicemia and 85% burn. Accordingly, panchnama was conducted vide Ex.P-2 and dehati nalishi was prepared vide Ex.P- 20. Crime details were recorded vide Ex.P-21 and statements of the witnesses were recorded under Section 161 of the CrPC. FIR was registered vide Ex.P-15 against the appellants for offence punishable under Section 302 read with Section 34 of the IPC. Property seizure memo was prepared vide Ex.P-5 and a 5 litre kerosene plastic jar containing 100 m.l. kerosene oil and burnt pieces of blouse were seized. Seized kerosene jar was sent to the Food Inspector, Korba for query and query report was received vide Ex.P-17 confirming the traces of kerosene oil in the jar. Spot map was prepared vide Ex.P-4.

3. After due investigation, the appellants were charge-sheeted before the jurisdictional criminal court and charges were framed against the appellants under Section 302 read with Section 34 of the IPC and the case was committed to the Court of Sessions, Korba from where the learned Additional Sessions Judge (FTC), Korba, received the case on transfer for trial and for hearing and disposal in accordance with law.

4. The prosecution in order to bring home the offence, examined as many as 22 witnesses PW-1 to PW-22 in support of its case and exhibited 24 documents Exs.P-1 to P-24. Defence has not examined any witness in its support