2026:CGHC:4551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Judgment Reserved on 08. 01.2026 Judgment Delivered on 28.01.2026 CRA No. 477 of 2005 Shanker Puri, S/o. Shri Hempuri, aged about 24 years, R/o. Checkpost, Bhadrapara, Balco, Korba (CG)

... Appellant versus State Of Chhattisgarh , Through the Station House Officer, Police Station Korba Chowki Balco, Distt. Korba (CG)

... Respondent {Cause title, as taken from Case Information System}

For Appellant : Mr. Shailendra Dubey, Advocate For Respondent/State : Ms. Mukta Tripathi, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi)

CAV Judgment

1. This criminal appeal has been preferred under Section 374(2) of the CrPC against judgment of conviction and order of sentence dated 30.4.2004 passed by Upper Sessions Judge, Korba (CG) in Sessions Case No.79/04, whereby the learned Upper Sessions Judge (henceforth, ‘trial Court’), after holding the appellant guilty, convicted and sentenced him in the following manner:-

Sl. Conviction Jail Sentence Fine Default No. under Section Sentence stipulation 01. 306 IPC RI for 07 years Rs.5000/- RI for 06 months

2. The prosecution story in brief is that, marriage of the appellant was solemnized with deceased Madhupuri about 03 years prior to the date of incident and they were blessed with a girl child. On 25.01.2004 at about 9 - 10 pm, Madhupuri suffered burn injuries and she was admitted in 100 Bed Hospital, Korba on 26.01.2004 and thereafter, she was referred to CIMS Hospital, Bilaspur, where she was admitted on the same day. She died on 06.02.2004 on account of said burn injuries. Upon information received from the hospital, unnumbered merg report was registered at Police Station City Kotwali, Bilaspur. Inquest of dead body of the deceased was prepared, postmortem was conducted by Dr. Maya Pandey (PW-6), in which vide Postmortem report (Ex-P/2), she opined that cause of death of deceased was antemortem burn and its complications. Merg ID was transferred to the Police Station Balco, Distt. Korba within whose jurisdiction said incident was occurred. In the merg inquiry, it was found that the appellant used to harass the deceased showing his dissatisfaction towards the articles received in the marriage and also taunted her as daughter of beggar. He also used to torture her physically and mentally and she died in suspicious circumstances on account of burn injuries. Therefore FIR (Ex-P/8) under Section 304B of IPC was registered against the appellant. Statement of the witnesses were recorded, spot map (Ex-P/4 & P/6) were prepared and the appellant was arrested.

3. After completion of investigation, charge sheet for the offence under Section 304B IPC was filed against the appellant before concerned Judicial Magistrate First Class, who committed the case to the Sessions Judge, Bilaspur. Thereafter the case was transferred to Upper Sessions Judge, who conducted the trial. The learned Upper Sessions Judge framed charges against the appellant for the offence under Sections 304B and 306 IPC and explained to him, who denied the charges and pleaded innocence seeking trial.

4. In order to bring home the guilt of the appellant, the prosecution has examined as many as 16 witnesses and exhibited 09 documents. The appellant has also exhibited 07 documents. Statement of the appellant under Section 313 CrPC was recorded, in which, he denied all the incriminating circumstances appearing against him and pleaded innocence. The appellant has examined witness Hetram in his defence as DW-1.

5. The learned Upper Sessions Judge, after appreciation of oral and documentary evidence available on record, vide its judgment dated 30.4.2004, acquitted the appellant of the offence under Section 304B IPC but convicted and sentenced him under Section 306 IPC, as has been mentioned in the opening paragraph of this judgment, against which, this appeal has been filed.

6. Learned counsel for the appellant submits that the appellant is a poor person and he earns his livelihood by