2025:CGHC:28241 RAHUL JHA AFR Digitally signed by RAHUL JHA Date: 2025.06.30

17:48:14 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 441 of 2016

1 - Kamal Kumar Sahu S/o Kaliram Sahu Aged About 30 Years R/o Behind Sheetla Devi Mandir, Bada Ashok Nagar, Police Station Gudhiyari, District Raipur. Civil And Revenue District Raipur Chhattisgarh , Chhattisgarh

2 - Kaliram Sahu S/o Abhay Ram Sahu Aged About 62 Years R/o Behind Sheetla Devi Mandir, Bada Ashok Nagar, Police Station Gudhiyari, District Raipur. Civil And Revenue District Raipur Chhattisgarh , District : Raipur, Chhattisgarh Appellants(s)

versus

1 - State Of Chhattisgarh Through Station House Incharge, Police Station Gudhiyari, District Raipur Chhattisgarh , Chhattisgarh Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Ms. Anuja Sharma, Advocate For Respondent(s) : Mr. R.C.S. Deo, PL Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board

26/06/2025 Heard.

1. This criminal appeal under Section 374 (2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dated

30/03/2016 passed by the learned V Additional Sessions Judge, Raipur, (C.G.) in Sessions Trial No. 86/2014, whereby the learned Sessions Judge has convicted the appellants under Sections 306/34 of the IPC and sentenced to undergo RI for 7 years with fine of Rs. 1000/-, with default stipulation.

2. Case of the prosecution, in brief, is that Sub-Inspector Lakhan Lal Sahu of Gudhiyari Police Station, Raipur received an information over telephone from Saraswati Nagar Police Station, Raipur that on 31/12/13 at about 9.00 pm, Mrs. Sunita Sahu (henceforth ‘the Deceased’) admitted in hospital for treatment. Subsequently, she died on 05/01/14 while being admitted to Kalda Hospital, Raipur for treatment of burn injuries. The inquest report of which has been registered at Saraswati Nagar Police Station. On the above information, Sub-Inspector Lakhan Lal Sahu, after receiving the inquest report diary from Saraswati Nagar Police Station, Raipur, reached Kalda Hospital, Raipur. Subsequently, the postmortem of the deceased's body was conducted. Thereafter, Lakhanlal Sahu returned to Gudhiyari Police Station and the actual inquest report was registered and the investigation was taken up.

On 01/01/14, the dying declaration of the deceased was recorded by the Executive Magistrate/Additional Tehsildar. During the investigation, it was revealed that the Deceased was being taunted by her husband Kamal Sahu (henceforth ‘A1) and father-in-law Kali Ram (henceforth ‘A2’) by saying that she is a ‘चरकट’, due to which she got fed up and burnt herself by pouring kerosene on herself, which led to her death. After the investigation, the above crime was found to have been committed by the appellants, so the police station Gudhiyari, Raipur registered a crime against the appellants under Section 306, 34 of the Indian Penal Code and took it into investigation.

During the investigation, the statements of the witnesses were recorded. A map of the scene of the incident was prepared. Thereafter, the accused were arrested and an arrest panchnama was prepared. On finding sufficient evidence against the appellants, a charge-sheet was filed against the appellants.

3. In order to bring home the offence, the prosecution examined as many as

12 in its support. Statements of the appellants under section 313 of Cr.P.C were recorded, wherein they have pleaded that they are innocent and have been falsely implicated in the present case.

4. The trial Court after appreciating oral and documentary evidence available on record, by its judgment dated 30/03/2016 convicted and sentenced the appellants as mentioned in the opening paragraph of this judgment. Hence, this appeal.

5. Ms. Anuja Sharma, learned counsel for the appellants submits that the appellants have been falsely implicated in the present case. There is nothing on record to indicate that, on the date of the unfortunate incident or any time in close proximity