The dying declaration of the deceased, supported by medical evidence and circumstantial evidence, can be sufficient to establish guilt under Section 302 of IPC.

JUDGMENT :

Ramesh Sinha, J.

1. This criminal appeal is preferred under Section 374(2) of the Criminal Procedure Code, 1973 (for short, the Cr.P.C.) against the impugned judgment of conviction and order of sentence dated 31.07.2023 passed by the learned Additional Session Judge, Dhamtari, District Dhamtari, in Sessions Trial No. 32/2020 whereby the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs. 1000/- and in default of payment of fine, to further undergo rigorous imprisonment for six months.

2. Case of the prosecution, in brief, is that on 22.08.2020, the appellant and her husband i.e. Goutam Kashyap (hereinafter referred to as ‘the deceased’) were present in the house and the appellant was busy in talking on mobile phone. The deceased tried to prevent her from talking on mobile phone on which a dispute arose. The appellant is alleged to have poured kerosene on the deceased and set him on fire. The deceased cried for help upon which the appellant poured water on him and fled from the place of incident.

3. Initially, a Dehatinalishi (Exhibit P/35) was recorded by the Police Assistance Centre, District Hospital, Dhamtari bearing Crime No. 0/2020 on 3.08.2020 at about 17:00 hours on the information given by the deceased himself. Thereafter, the First Information Report (for short, the FIR) (Exhibit P/28 and P/29) was lodged on 24.08.2020 at about 11:00 hours against the appellant for the offence punishable under Section 307 of the IPC. Subsequently, during the course of treatment, the deceased died at District Hospital, Dhamtari on 27.08.2020, and on an intimation given by Ward Boy namely Tiger Sahu of District Hospital, Dhamtari, an unnumbered merg was registered by the Police Assistance Centre, Dhamtari, bearing No. 0/177/20 (Exhibit P/37) on the basis of which a numbered merg being 32/2020 (Exhibit P/32) was registered by the Police of Police Station, Nagri, District Dhamtari. As the deceased succumbed to the burn injuries at District Hospital, Dhamtari during the course of treatment, an offence under Section 302 of the IPC was added and after completion of the investigation, the police filed its charge sheet bearing No. 59/2020 on 07.11.2020 in the Court of Judicial Magistrate, First Class, Nagri, District Dhamtari for the offences under Section 302 and 307 of the IPC and the case was registered as Criminal Case No. 108/2020. However, the said case was committed to the Court of Sessions, Dhamtari, vide order dated 18.11.2020.

4. Accordingly, Sessions Trial No. 32/2020 was registered and the learned Additional Sessions Judge, Dhamtari, framed charges on 19.01.2021 against the appellant/convict under Section 302 of the IPC. The convict/appellant abjured the guilt and prayed for trial.

5. Amongst others, the prosecution has exhibited the following documents in support of its case:

Crime Details Form (Exhibit P/1)

Property Seizure Memo (Exhibit P/2 and P/3) Arrest/Court Surrender Memo (Exhibit P/4)

Notice under Section 160 of Cr.P.C. (Exhibit P/5)

Spot Map (Exhibit P/6)

Summons under Section 175 Cr.P.C. (Exhibit P/7)

Dead Body Supurdnama (Exhibit P/8)

Notice Under Section 160 Cr.P.C. (Exhibit P/9)

Property Seizure Memo (Exhibit P/10)

Statement of Uttam Kumar Kashyap (Exhibit P/11)

Statement of Deepak Gonadane (Exhibit P/12)

Notice Under Section 160 of Cr.P.C. (Exhibit P/13)

Statement of Ramgopal Sahu (Exhibit P/14)

Notice Under Section 160 of Cr.P.C. (Exhibit P/15)

Statement of Gulab Sahu (Exhibit P/16)

Statement of Neera Bai Kashyap (Exhibit P/17)

Dying Declaration (Exhibit P/18)

Statement of Kekayi Som U/s.164 Cr.P.C. (Exhibit P/19)

Statement of Neera Bai U/s. 164 Cr.P.C. (Exhibit P/20)

Police Intimation (Exhibit P/21)

Application for Medical Examination of deceased Gautam Kashyap (Exhibit P/22)

Indoor Ticket (Exhibit P/23)

Memo for examination of seized articles and report (Exhibit P/24)

Patient Referee Ticket (Exhibit P/25)

Notice un