JUDGMENT :

Radhakishan Agrawal, J.

1. This appeal is directed against the judgment of conviction and order of sentence dated 05.06.2015 passed in Sessions Case No. 40/2014 by the 7th Additional Sessions Judge, Raipur (C.G.), by which the appellant stands convicted & sentenced as under:-

2. Case of the prosecution, in short, is that on 16.10.2013 at 10:00 pm at village Kurud, Police Station: Mandir Hasaud, District: Raipur (C.G.), the appellant herein killed his wife by pouring kerosene oil on her. Further case of the prosecution, in brief, is that on the fateful day, the present appellant/accused came home after drinking alcohol and started having fun with his wife Durga Bai, at that time Durga Bai was in menstruation, so she refused to have physical relationship, on account of which, the appellant started reminiscing and poured kerosene on her and set her ablaze. Due to which, the Durga Bai came out of her house in a burning condition and thereafter the appellant also came out of his house and with the help of people of the village, she was admitted to Balaji Hospital, Raipur, where Dr.Devendra Nayak examined her and found that she was burnt to the extent of 55% and thereafter, the information of burning case was sent to Police Station Mowa (Pandri). Thereafter, the matter was reported to Police Station: Mandir Hasaud where F.I.R. vide Ex.P.8 was lodged and found Durga Bai to be in a dying state, got her dying declaration recorded by Jageshwar Koushal, Tahsildar and Executive Magistrate (P.W.13) vide Ex.P.16. During treatment, on 02.01.2013 Smt. Durga Bai died. Merg intimation was recorded vide Ex.P.13. Thereafter, inquest proceedings was initiated vide Ex.P.2 and vide Ex.P.10 dead body of deceased was sent for autopsy and Dr. R.K. Singh (P.W.12) conducted post-mortem examination vide Ex.P.15 and opined that cause of death of deceased was due to cardiorespiratory failure as a result of burn injuries and its complications. Vide Ex.P.1 clothes of the deceased Durga Bai was seized and vide Ex.P.12, the appellant was arrested. Seized articles were sent for chemical examination to F.S.L. and F.S.L. report dated 19.05.2014 was brought on record, but not exhibited. According to F.S.L. report, cloths seized from the deceased contains kerosene oil contents.

3. Statements of witnesses were recorded under Section 313 Cr.P.C. After due investigation, the appellant was chargesheeted before the jurisdictional criminal Court and the case was committed to the trial Court for hearing and disposal in accordance with law, in which appellant/accused person abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution has examined as many as 15 witnesses and brought on record 19 documents whereas the appellant-accused person in support of his defence has not exhibited any document.

5. The trial Court after appreciation of oral and documentary evidence on record, convicted the appellant for the offence punishable under the aforesaid sections, as mentioned in para 1 and sentenced as above against which the present appeal has been preferred.

6. Learned counsel for the appellant would submit that the judgment under appeal convicting the appellant under the aforesaid Section is apparently contrary to law as the same has been passed without appreciating the evidence in its proper perspective. The dying declaration Ex.P.16, being highly doubtful, is not true and voluntary as the deceased was not certified by any competent doctor to be in a fit mental and physical state of mind to make dying declaration and even the Tahsildar Jageshwar Koushal (P.W.13) did not record his satisfaction properly in dying declaration. The next contention is that the deceased answered th