Chhattisgarh HC upholds RI for life in arson murder case, dismisses husband’s plea

RAIPUR: The Chhattisgarh High Court has dismissed an appeal filed by 24-yr-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 Sessions Case of 2017. Out of their wedlock, they were having two children.
Banjare had challenged the judgment of the Sessions Judge, Mahasamund, dated December 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 December 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 had poured kerosene oil on her and set her ablaze following a history of domestic abuse and dowry demands. Ombai succumbed to her injuries on January 5, 2017, at state-run Dr. B.R. Ambedkar Hospital, Raipur.
During the trial, the prosecution presented multiple dying declarations of the deceased. The defense 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 December 24, 2016, at Dr. B.R. 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 Government Hospital, Mahasamund, and Dr. G.M. Nirala, who conducted the postmortem, confirming the severe burn injuries and the presence of 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 had raised concerns about potential tampering with evidence.