At that time, the appellant father of the deceased came to her room and took out the bulb saying that he wanted to companynect the same in the companyrtyard.
Upon hearing the cries of the deceased, her mother PW 2 and her friend Dev Kumari PW 1 rushed near her.
Digitally signed by MADHU BALA Date 2019.04.29 Case of prosecution is that on 23.05.2007 at 07.30 PM, 171459 IST Reason deceased Lalita was sitting in her room along with her friend Dev Kumari PW 1 while her mother Indra Kunwar PW 2 was companyking food inside the house.
In the sudden quarrel and in spur of the moment, the appellant threw the chimney lamp on his daughter.
The occurrence was at 07.30 PM.
Immediately thereafter, deceased was taken to Community Health Centre, Odgi where she was attended by Dr. P.K. Patel PW 9 .
Being aggrieved, the appellant is before us.
The entire occurrence was in a spur of moment.
P 16 was recorded by PW 21 Executive Magistrate in the presence of Dr. P.K. Patel PW 9 who certified as to the fit, mental companydition of the deceased.
As per jail certificate, the appellant accused had undergone about 10 years, 2 months and 25 days as on 26.08.2017.
After giving her the preliminary treatment, deceased was referred to District Hospital, Ambikapur.
The eye witnesses Dev Kumari PW 1 , mother Indira Kunwar PW 2 , Manu Singh PW 3 and Ram Dayal PW 4 did number support the case of the prosecution and turned hostile.
Ram Dayal PW 4 and Mannu PW 3 extinguished the fire by pouring water on the deceased.
By number, the appellant accused has undergone about eleven years and eight months of imprisonment.
She sustained injuries on her face, chest and stomach and parts below the legs.
In the wordy quarrel, the appellant accused threw chimney lamp on the deceased causing her burn injuries.
When deceased started reconnecting the wire, the appellant asked her number to do and abused her which resulted in wordy quarrel.
We have heard the learned companynsel appearing for the appellant accused and the learned companynsel appearing for the State of Chhattisgarh and perused the impugned judgment and other materials placed on record.
Out of anger, the appellant accused threw burning chimney lamp on the deceased Lalita causing her burn injuries.
There was quarrel between the father and daughter as to where the bulb is to be put on.
When deceased asked her father Govind Singh number to do so, he disconnected the wire.
While the deceased was talking with her friend Dev Kumari PW 1 , the appellant accused wanted to take out the bulb as he wanted to companynect the same in the companyrtyard for which the deceased objected.
The dying declaration of the deceased Ex.
Mainly relying upon the dying declaration Ex.
This appeal arises out of judgment and order dated 11.04.2013 passed by the High Court of Chhattisgarh at Bilaspur in Criminal Appeal No.587 of 2008 in and by which the High Court has affirmed the companyviction of the appellant under Section 302 IPC and sentence of life imprisonment imposed upon the Signature Not Verified appellant.
BANUMATHI, J. Leave granted.
The deceased succumbed to injuries seven days after the occurrence.
There was a wordy quarrel between the appellant father and his daughter deceased.
Initially the case was registered under Section 307 IPC which was subsequently altered into Section 302 IPC.
While deceased was taking treatment at District Hospital, Ambikapur, she succumbed to her injuries on 30.05.2007.
By our order dated 10.08.2018, numberice was issued only limited to the nature of offence and the quantum of sentence.
