Murder case: HC upholds life term, dismisses husband's plea

Raipur: The Chhattisgarh High Court has dismissed an appeal filed by a 24-year-old man, Rajkumar Banjare, upholding his conviction and life sentence for the murder of his wife, Ombai. The verdict, delivered by a division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, affirmed the trial court's decision in the Sessions Case of 2017. Out of their wedlock, they had two children.

Banjare challenged the judgment of the Sessions Judge, Mahasamund, dated Dec 31, 2020, which found him guilty of murder under Section 302 of the Indian Penal Code (IPC). He was sentenced to rigorous imprisonment for life and a fine of Rs 1,000, with an additional six months of rigorous imprisonment in default of payment.

The case stemmed from an incident on Dec 19, 2016, when Ombai suffered severe burn injuries at her home in Nawapara Acharideeh under Tumgaon police station of Mahasamund district. The prosecution argued that Banjare poured kerosene oil on her and set her ablaze following a history of domestic abuse and dowry demands. Ombai succumbed to her injuries on Jan 5, 2017, at state-run Dr BR Ambedkar Hospital, Raipur.

During the trial, the prosecution presented multiple dying declarations of the deceased. The defence argued discrepancies in these declarations, particularly the initial statements where Ombai claimed the fire was accidental, caused while lighting a stove. However, the court found the later declarations, especially the one recorded on Dec 24, 2016, at Ambedkar Hospital, Raipur, to be more credible. In this declaration, Ombai explicitly accused her husband of setting her on fire.

The court emphasised the importance of the third dying declaration, which was corroborated by a "Dehati Nalishi" (a rural complaint) and her statement under Section 161 of the Criminal Procedure Code (CrPC). The court noted the medical evidence, including the testimony of Dr Manprit Gurudutta, who treated Ombai at the govt hospital, Mahasamund, and Dr GM Nirala, who conducted the postmortem, confirming the severe burn injuries and the presence of a kerosene smell on her body and clothes.

The court addressed the defence's contention that the initial dying declarations contradicted the later ones. However, it found the circumstances surrounding the initial declarations suspicious, particularly given the medical evidence of kerosene burns. The court also considered the testimony of Ombai's uncle, Lal Singh, who raised concerns about potential tampering with evidence.

"In normal circumstances, where there is more than one statement in the nature of a dying declaration, the one recorded at the first point of time must be preferred. But of course, if there is a plurality of the dying declaration, then the dying declaration which could be held trustworthy in view of other corroborating circumstances of the case can be relied upon to decide the involvement of the accused in the offence," the judgment stated.

The bench concluded that the prosecution successfully proved its case beyond reasonable doubt. The court found the third dying declaration, coupled with the medical evidence and other witness testimonies, to be sufficient to establish Banjare's guilt. Therefore, the appeal was dismissed, and the conviction and sentence were upheld.