As per Hon 'ble Shri T.P. Sharma, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 28.2.2006, passed by the First Additional Sessions Judge, Baloda Bazar, District Raipur (CG) in Sessions Trial No. 140/2004, whereby and where under the learned Additional Sessions Judge after holding the appellant guilty for commission of causing homicidal death, amounting to murder of Ku. Sanjay, convicted the appellant under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months.

2. The judgment is challenged on the ground that without any sufficient and clinching evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. The brief facts are that Ku. Sanjay was residing in the Girls Hostel at Odkakan, District Raipur and the appellant was Teacher and Warden of the Hostel. On the fateful day of 19.3.2004, in between about 2.30 p.m. to 3.00 p.m., dead body of Ku. Sanjay was found inside the kitchen occupied by the appellant. She died as a result of bum injuries. Smell of