JUDGMENT :

Deepak Kumar Tiwari, J.

1. The present appeal is against the judgment of conviction and order of sentence dated 14-1-2020 passed by the Sixth Additional Sessions Judge, Bilaspur, in ST No.46/2019 whereby the trial Court sentenced the accused to undergo life imprisonment with fine of Rs. 100/- for the offence under Section 302 of the Indian Penal Code (for short ‘the IPC’). The trial Court also imposed default sentence in case of failure to pay the fine.

2. (i) Case of the prosecution, in brief, is that on 3-11-2018 Neha Dhritlahre (since deceased) was brought by the appellant to the Burn & Trauma Research Center, Bilaspur, wherein she was admitted up till 10-11-2018. Thereafter, she left against the medical advise. However, subsequently, on the same day, she was hospitalised at CIMS, Bilaspur, at 9.45 pm. Father of the deceased namely; Devanand (PW-3) has made a written complaint (Ex.P/5) at Police Chowki, Malhar, alleging that his daughter was married to the appellant in the year 2016 and there was no issue from such wedlock. After three months of the marriage, the appellant started harassing the deceased for bringing less dowry and demanded motorcycle & household articles. The appellant also used to assault the deceased. On 2-11-2018 at about 6.00 pm the appellant poured kerosene oil and set her ablaze, as a result of which she sustained burn injuries. The deceased was admitted in Burn & Trauma Research Center, Bilaspur, wherein the deceased had informed that the appellant poured kerosene oil and thereafter, set her ablaze.

(ii) On the basis of said information, PW-8 Avdhesh Singh, ASI, Police Chowki, Malhar, has registered FIR No.0/18 (Ex.P/4 pg 51 of paper book) and regular FIR No.562/2018 was registered vide Ex.P/34 at Police Station Masturi by PW-15 Top Singh. After registering the FIR, PW-8 Avdhesh Singh, ASI, recorded the statement of the deceased vide Ex.P/9 (pg 58 of paper book) in presence of PW-5 Jagdish Nirmalkar and PW-12 Ramesh Soni wherein the deceased disclosed that on the date of incident, the appellant assaulted her by hand and thereafter poured kerosene oil and set her ablaze. She also stated that the appellant tried to extinguish the fire. The incident was witnessed by many persons of the locality. On 11-11-2018 the Executive Magistrate-cum-Naib Tahsildar Shweta Yadav (PW-14) has recorded the dying declaration of the deceased vide Ex.P/4 (page 53 of paper book) wherein also the deceased narrated the same version. Nazari Naksha (Ex.P/6) was prepared by PW-8 Avdhesh Singh, ASI and the Patwari P.S. Thakur (PW-9) has prepared the spot map vide Ex.P/25. Statements of the witnesses were recorded and photographs of the scene of crime have been taken for which a panchnama has been prepared vide Ex.P/16. From the place of incident match box, half burnt saree, magalsutra, broken bangles, plain soil, kerosene mixed soil, plastic container, toe rings and one jio mobile were seized vide Ex.P/10. As per the FSL report (Ex.P/35) kerosene oil was found on the clothes of the deceased (Article ‘B’); mangalsutra (Article ‘C’); and soil (Article ‘F’).

3. After due investigation, the appellant was charge sheeted before the jurisdictional criminal Court and charge sheet was filed against the appellant under Sections 302, 304-B and 498-A of the IPC and under Section 4 of the Dowry Prohibition Act, 1961. Thereafter, the case was committed to the Court of Sessions from where the learned Sixth Additional Sessions Judge, Bilaspur, received the case on transfer for trial.

4. During trial the appellant/accused abjured his guilt and claimed to be tried. In order to prove its case the prosecution examined as many as 15 witnesses and exhibited 35 documents. Appellant in his examination under Section 313 CrPC has stated that he has been falsely implicated and examined two defence witnesses.

5. Upon appreciation of evidence, the trial Court came to a finding that the appellant has committed the offence and convicted & sentenced him as