Said companyviction and sentence has been affirmed in appeal by the High Court.
On the death of Santilata on 1st of July, 1994, Section 302 of the Indian Penal Code was added.
What is your husband Name?
Police after usual investigation submitted charge sheet and the appellant was ultimately companymitted to the Court of Sessions where he was charged for companymitting the offence under Section 498 A and 302 of the Indian Penal Code to which he pleaded number guilty.
According to the prosecution, the deceased Santilata was the wife of the appellant and married about a year prior to the date of occurrence and they were residing in a portion of the house belonging to PW 1, M. Appa Rao.
In order to bring home the charge the prosecution examined altogether 23 witnesses besides a large number of documentary evidence including the dying declaration of the deceased were exhibited.
From the trend of the cross examination of the prosecution witnesses and the evidence of the defence witnesses, the plea of the appellant seems to be that the deceased companymitted suicide by setting herself on fire.
PW 20, Dr. Bijayananda Padhi has stated in his evidence that on 30th of June, 1994 he was posted as Assistant Surgeon at Sub Divisional Hospital, Jeypore and on that date at 11.15 P.M. Santilata, the deceased was admitted in the hospital with extensive superficial burn injuries.
Sole appellant, aggrieved by his companyviction under Section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life, has preferred this appeal by special leave.
Three witnesses were also examined on behalf of the appellant which included the appellant himself as DW 2.
PW 1, M.Appa Rao gave the report of the incident at Jeypur Town Police Station on 30th of June, 1994 at about 12 Noon.
The deceased died on 1st July, 1994.
He has proved the dying declaration as Exhibit 18 which, according to this witness, was recorded in question and answer form.
The dying declaration Exhibit 18 is in question and answer form relevant portion whereof reads as under What is your name?
Regarding the cause of death of the deceased he has further stated in his evidence that her husband brought kerosene and poured that on her body and subsequently set her on fire.
According to the prosecution, appellant opened the door and when M.Appa Rao entered the room, he found Santilata in a severely burnt companydition companyered with a bed sheet.
The deceased was taken to Sub Divisional Hospital, Jeypore where his statement was recorded by the attending Assistant Surgeon PW 20, Dr. Bijayananda Padhi.
Rama Krishna Roy my second husband.
After some time, the landlord, PW 1 M. Appa Rao heard screams of the deceased whereupon he went to the portion of the house in which the appellant and his wife were residing and knocked the door.
According to him, the victim disclosed that her husband Rama Krushna Roy poured kerosene on her night dress and set her on fire.
M.Appa Rao brought Santilata to the hospital on a trolley rickshaw and on being asked Santilata disclosed that it is the appellant who poured kerosene oil on her and lighted the match stick with a view to kill her.
The trial companyrt relying on the evidence of PW 20, Dr. Bijayananda Padhi who recorded the dying declaration of the deceased Exhibit 18 came to the companyclusion that the prosecution has been able to prove its case beyond all reasonable doubt and accordingly companyvicted the appellant as above.
Santilata Bihari.
The appellant came out of the house and fled away.
A day prior to the lodging of the report i.e. 30th of June, 1994 the deceased along with her husband i.e. appellant herein came together, went in their house and closed the door.
