NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.802 of 2017 Narayan Dhimar S/o Heeralal, aged about 27 years, R/o Pendarwani, Police Station Gurur, District Balod (CG)

---- Appellant (In Jail)

Versus State of Chhattisgarh Through Police Station – Gurur, District Balod (CG)

---- Respondent For Appellant: Mr.Goutam Khetrapal and Mr.Avinash Chand Sahu, Advocates For Respondent/State: Dr.Surendra Kumar Dewangan, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

12/03/2024

1. This criminal appeal under Section 374(2) of the CrPC is directed against the impugned judgment of conviction and order of sentence dated 17.03.2017 passed by the Sessions Judge, Balod, in Sessions Case No.44/2016, by which the appellant herein has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine, to further undergo RI for one month.

2. Case of the prosecution, in brief, is that marriage of the appellant with deceased Neelambai was solemnized in the year 2010 and since the date of marriage, the appellant treated the deceased with cruelty on account of suspicion of having illicit relationship with another person. On 15.04.2016, the appellant assaulted the deceased and poured kerosene oil on her person. The deceased was taken to Dhamtari hospital in an ambulance. Dying declaration of deceased Neelambai was recorded by Tahsildar Smt.Divya Potai (PW-10) vide Ex.P10. Thereafter, the deceased was admitted to the Medical College, Raipur, where during treatment on 27.04.2016, the deceased succumbed to burn injury and died. On 28.04.2016 police of Police Station Modhapara recorded the merg intimation vide Ex.P-4. Inquest over the body of the deceased was prepared vide Ex.P-2. Spot map was prepared by the patwari vide Ex.P-5. FIR was registered vide Ex.P-6. Investigating officer also prepared spot map vide Ex.P-7. One kerosene container, blue coloured jeans and one plastic rope were seized vide Ex.P-8. The appellant was arrested on 17.05.2016 vide arrest memo Ex.P-14. Postmortem was conducted by Dr.Omprakash Tandon (PW-12) vide Ex.P-16 and found following symptoms:-

A dead body of an average built female covered with mixed colour bedsheet, both eye closed, mouth closed, tongue inside the mouth, rigor mortis present, dressing put all over the body except head.

Injuries - 3^rd degree infected burn injuries present all over the body except face & lover abdomen.

Percentage of burn is 94.

Dr.Om Prakash Tandon (PW-12) has opined that cause of death was due to cardiorespiratory failure as a result of burn injury & its complications.

3. After completion of investigation, charge-sheet was filed before the Chief Judicial Magistrate, Balod, who in turn, committed the case to the Court of Session, Balod for trial. The accused/appellant abjured the guilt and entered into defence.

4. In order to bring home the offence, the prosecution examined as many as 13 witnesses and exhibited 16 documents Exs.P-1 to P-16. Statement of the accused/appellant was recorded under Section 313 of the CrPC in which he denied guilt. However, the appellant-accused examined none in his defence nor any document has been exhibited.

5. The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment dated 17.03.2017 convicted the appellant for offence under Section 302 of the IPC and sentenced as mentioned in opening paragraph of this judgment, against which, this criminal appeal has been preferred by the appellant herein.

6. Mr.Gautam Khetrapal, learned counsel for the appellant submits that the learned trial Court while passing the impugned judgment has failed to appreciate that the prosecution has not proved its case beyond reasonable doubts. The motive and intention which is the essential ingredient to prove an offence under Section 302 IPC has not been proved by t