2026:CGHC:7289-DB ROHIT KUMAR NAFR CHANDRA Digitally signed by ROHIT HIGH COURT OF CHHATTISGARH AT BILASPUR KUMAR CHANDRA CRA No. 1380 of 2023 Rahul Bisra S/o Late Rajaram Bisra, aged about 24 years R/o Village Savitripur, Police Station Sankra, District - Mahasamund Chhattisgarh.

... Appellant versus State of Chhattisgarh, through SHO, the District Magistrate Mahasamund District - Mahasamund Chhattisgarh.

... Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Anoop Kumar T. Sharma, Advocate For Respondent/State : Mr. Saumya Rai, Dy. Govt. Advocate ----------------------------------------------------------------------------------------------

Hon'ble Mr. Ramesh Sinha, Chief Justice and Hon'ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board Per Ramesh Sinha, CJ

10 . 02 .202 6

1. Today, though the appeal is listed for disposal of I.A.No.02/2026, which is repeat application for suspension of sentence and grant of bail to the appellant, however, considering the period of detention and with the consent of learned counsel for the parties, we proceed to hear the appeal finally.

2. This criminal appeal is directed against the judgment of conviction and order of sentence dated 29.04.2023 passed by the 1st Additional Sessions Judge, Mahasamund, District Mahasamund in Sessions Trial No. 48/2020, whereby learned trial Court has convicted the appellant for offences under Sections 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.1000/-, in default of payment of fine to further undergo RI for one month.

3. The prosecution case, in brief, is that on 31.03.2020, Sub-

Inspector Lal Bahadur Singh of Sankara Police Station received information from Dial 112 that Smt. Sunita Bisra, resident of Savitripur, had been set on fire by her husband, Rahul Bisra, at her home. She was being taken to the Government Hospital, Pithora, for treatment. Upon receiving this information, he arrived at Community Health Centre, Pithora, where the doctor said that the woman was brought in 80% burnt condition. Based on the information given by the doctor, the dying declaration of the deceased Smt. Sunita Bisra was recorded as per Ex.P-16. In the dying declaration, the deceased stated that the accused Rahul Bisra had poured kerosene oil on her body and set it on fire with the intention of killing her on the grounds that she was having an affair with someone. On the said basis, a rural complaint was filed against the accused under Section 307 of the Indian Penal Code, on the basis of which a First Information Report was registered. During treatment Smt. Sunita Bisra died on 03.042020, following which an intimation report was filed at Golbazar Police Station. Based on this information, the Sankara Police Station registered a case number 100/2020, a report of untimely and accidental death.

During the investigation, based on the memorandum statement of accused Rahul Bisra, the kerosene oil can, matchbox, burnt matchstick, and bamboo stick used in the murder were seized. He confessed to the crime and was arrested. The seized kerosene oil can, matchbox, burnt matchstick, and bamboo stick were sent to the FSL, Raipur for testing.

4. After the investigation was completed, a charge sheet was filed against accused Rahul Bisra under sections 307 and 302 of the Indian Penal Code before the concerned jurisdictional Criminal Court, wherefrom the case was committed to the Court of Sessions, Mahasamund and subsequently, the case has been transferred to the Court of 1^st Additional Sessions Judge, Mahasamund, District Mahasamund for its disposal.

5. When the charges were framed against the accused under Sections 302 of the IPC and were read out and explained to the accused, he denied committing the crime and expressed his desire for trial; hence his plea were recorded.

6. In order to bring home the offence, the prosecution examined as many as 18 witnesses and exhibited 35 documents Exs.P-