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2022 Supreme(Chh) 393

SANJAY K. AGRAWAL, RAKESH MOHAN PANDEY
Roshan Sahu S/o Aajuram Sahu – Appellant
Versus
State of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rahil Arun Kochar, Advocate
For the Respondent: Mr. Arjit Tiwari, P.L.

JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against impugned judgment dated 31/07/2013 passed by learned Additional Sessions Judge, Bemetara in Sessions Trial No. 18/2011 whereby he has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 500/- and in default of payment of fine, further R.I. for one month.

2. Case of the prosecution, in brief, on 25/01/2011 in between 1 to 2 PM, the appellant herein poured kerosene oil over his wife Dulari Sahu, aged 18 years, and set her ablaze due to which she suffered severe burn injuries and succumbed to death and he, thereby, committed the aforesaid offence.

3. Further case of the prosecution is that marriage of appellant and deceased Dulari Sahu, daughter of Heeraman Sahu (P.W.- 1) and Smt. Lakhni Bai (P.W.-6), was solemnized 8 months prior to the incident in accordance with Hindu rites and rituals and after marriage, deceased Dulari Sahu was residing at her matrimonial home along with her husband (appellant) and her father-in-law and mother-in-law at Village Kanvra Jevra. On 25/01/2011, at about 2 PM

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