Deceased- Ahiliya Bai was living all alone in a small house in village Atariya. On 1.10.2006 atabout 10.00 p.m. the appellant came to her house, on.which, the deceased/ looking to his ill-intention, shouted upon him. The appellant becarae angry and started abusing the deceased and thereafter he poured kerosene on her body and set her on flre by match stick. Any how the infojrmation was received by Sub-Inspector- S.R. Kunjam (PW-15). He reached to the village, where the deceased lodged dehatinalishi (Ex.-P/18). In dehatinalishi (Ex.-P/18), she narrated the entire incident, based on which an offence u/s 307 IPC was registered against the appellant The deceased was examined by Dr. (Ku.) Leela Rainteke (PW-6), who found her to be a case of 80% burn injuries by using kerosene. The MLC report is Ex.P/7; The deceased was admitted to Community Health Center, Chhuikhadan. There her dying declaration (Ex.P/17) was recorded by Executive Magistrate, Khageshwar Shesh (PW-14). In the dying declaration also, the deceased miade clear statement niaking allegations against the appellant. Thereafter she was referred to District Hospital, Rajnandgaon. The deceased died during the course of her treafaaient on 9.10.2006 at 7.45 a.m. Merg intimation (Ex.P/10) was recorded thereafter. The Investigation Officer reached to the hospital, gavenotice (Ex.-P/11) to the Panchas and prepared inquest (Ex.-P/ 12) on the dead body of the deceased. The dead body was sent for post-mortem. The post-mortein examination was conducted by Dr. B.L. Kunire (PW-9) who opined that the cause of death was shock and coma due to septicemia out of burn injuries. Thereafter the offence was converted u/s 302 IPC.
