2026:CGHC:5704-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1352 of 2024 • Bilaso Bai W/o Dharampal, Aged About 33 Years, R/o Village Badauli, Police Station Rajpur, District Balrampur-Ramanujganj (Chhattisgarh)

... Appellant versus • State of Chhattisgarh Through Station Officer Police Station Rajpur, District Balrampur-Ramanujganj (Chhattisgarh)

... Respondent (Cause title taken from Case Information System)

For Appellant : Mr. Saurabh Dangi, Advocate.

For State/Respondent : Mr. N.K. Jaiswal, Deputy Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, Chief Justice

02-02-2026 DMAA iOg D iHt I a LAl MK y HMsi A gEN nDed by D18a:t3e8: :21012 +6.00523.005 1. The present criminal appeal has been filed by the appellant under Section 415 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against the impugned judgment of conviction and sentence dated 20-06-2024 passed by the learned Second Additional Sessions Judge, Ramanujganj, District Balrampur-Ramanujganj (C.G.) in S.T. No.42/2021 whereby the appellant has been convicted under Section 302 of the IPC and sentenced rigorous imprisonment for life with fine of Rs.500/-, in default of payment of fine additional rigorous imprisonment for 3 months.

2. The brief facts of the case are that, deceased Dharampal was admitted in Mission Hospital, Ambikapur on 18-05-2020 in injured condition at about 07:50 a.m. During his treatment he died on the same day at 06:50 p.m. The merg Ex.-P/1 was intimated to Gandhinagar police station. Inquest Ex.-P/2 of the dead body of the deceased was prepared in presence of the witnesses and the dead body of deceased Dharampal was sent for its postmortem to Govt. Medical College, Ambikapur, where doctor Sanjiv Khakha PW-14 conducted postmortem of dead body of the deceased and found 85% burn injuries as superficial to deep burn on both thigh interior and posteriorly, chest and abdomen interior and posteriorly, both on upper limbs, scalp and the injuries were antemortem in nature and opined that the death was due to cardio respiratory failure as a result of antemortem burn injuries and its complication, duration of death was 24 hours since postmortem examination and gave his postmortem report Ex.-P/15A. The merg intimation was transferred to police station Rajpur where the merg intimation Ex.-P/24 was recorded. The FIR was also registered at police station Rajpur against the appellant for the offence under Section 302, 201 of the IPC which is Ex.-P/16. The panchnama of the spot was also prepared in presence of the witnesses which is Ex.-P/2. The burnt pieces of clothes of the deceased, soil with burn remains, plain soil, one match box having match sticks, one burnt match stick, one old plastic bottle having 1.5 liter kerosene oil, broken pieces of plastic bangles 8 in number have been seized from the spot vide seizure memo Ex.-P/3. Spot map Ex.-P/6 was prepared by the Patwari and Ex.-P/7A was prepared by police. The seized articles were sent for its chemical examination to regional FSL Ambikapur, District Surguja from where report Ex.-P/23 was received and according to the FSL report in the burnt pieces of clothes of the deceased and burn remains soil were found to be contained with kerosene oil. The plastic bottle was also found to be contained with kerosene oil, however, there is no presence of kerosene in the plain soil. The appellant was arrested on 10-06-2020 and her memorandum statement Ex.-P/5 was recorded. The statement Statement of the witnesses under Section 161 of the CrPC have also been recorded and after completion of usual investigation charge sheet was filed against the appellant before the learned Judicial Magistrate First Class, Rajpur for the offence under Section 302, 201 of the IPC.

The case was committed to the trial Court for its trial.

3. The learned trial Court has framed charge against the appellant for the offence under Section 302 , 201 of the IPC. The a