2026:CGHC:3196-DB Digitally signed NAFR by VED VED PRAKASH PRAKASH DEWANGAN DEWANGAN Date:

2026.01.22 HIGH COURT OF CHHATTISGARH AT BILASPUR

11:13:30 +0530 CRA No. 1016 of 2022

1 - Tabarak Ali S/o Gaffar Ali Aged About 27 Years R/o Subhash Market, Behind Om Lodge, Khursipar, Police Staton Khursipar, District : Durg, Chhattisgarh

2 - Smt. Fatima Begum W/o Gaffar Ali Aged About 42 Years R/o Subhash Market, Behind Om Lodge, Khursipar, Police Station Khursipar, District :

Durg, Chhattisgarh ... Appellants versus State Of Chhattisgarh Through The Station House Officer, Police Station Khursipar, District : Durg, Chhattisgarh ... Respondent (Cause title taken from Case Information System)

For Appellants : Mr. Rishi Rahul Soni, Advocate For Respondent/State : Mr. Nitansh Kumar Jaiswal, Panel Lawyer Hon'ble Shr i Ramesh Sinha, Chief Justice Hon'ble Shri R avindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha, Chief Justice

20/01/2026

1.

The present appeal has been filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 against impugned judgment of conviction and sentence dated 04.06.2022, passed by learned 8^th Additional Sessions Judge, Durg, in Sessions Case No. 161 of 2019, whereby the appellants have been convicted for the offence under Sections 302/34 of IPC and sentenced for life imprisonment with fine of Rs. 500/-, in default of payment of fine additional R.I. for one year.

2.

The brief facts of the case are that, on 12.03.2019, at about 19:35 Hrs. the complainant Ramkamal/PW-1 lodged a unnumbered Dehati Merg Intimation (exhibit P-1) to the Police Station Khursipar, District Durg that, at about 2:30 PM, he was being informed by a boy that his daughter Nidhi has got burnt at Subhash Market, Zone-2. When he came on the spot, he saw his daughter in burnt condition. When he asked her, she disclosed that Tabarak Ali and his mother Fatima Begum burnt her after pouring petrol. She was being taken to Government Hospital, Supela from where she was referred to District Hospital, Durg. She also disclosed to the doctor that, there was a quarrel with Tabarak Ali and then, they burnt her after pouring petrol. During treatment, she died at about 6:25 PM during treatment. The police registered Dehati Nalishi (exhibit P-2) and recorded FIR (exhibit P-3) against the appellants for the offence under Section 302/34 of IPC. Inquest (exhibit P-5) of the dead body of the deceased was prepared in presence of the witnesses and the dead body was sent for its postmortem to Government Hospital, Durg, where Dr. Smt. Rimpal Bhatia/PW-14 conducted postmortem of the dead body of the deceased and gave the postmortem report (exhibit P-31). While conducting the postmortem, the doctor noticed 95% burnt over entire body, which was of superficial first degree burnt. She opined that the cause of death may be due to shock caused by Asphyxia and burn. Spot map (exhibit P-7) was prepared by the police.

3.

Initially, the deceased was being taken to Government Hospital, Supela, where she was being treated by Dr. Smt. Rachna Dave/PW- 3, who gave primary treatment and referred to surgeon, District Hospital, Durg for further treatment. Her MLC report is (exhibit P-10). In the MLC report, the doctor has mentioned the history of the incident given by the deceased Nidhi that ‘burnt by petrol by Tamarak’. Her OPD slip at Government Hospital, Supela is exhibit P- 11. When she was admitted to District Hospital, Durg, her indoor patient slip was prepared, which is exhibit P-20 and she was being treated by Dr. Smt. Kunti Thakur/PW-11. During her treatment, she gave a certification (exhibit P-21) that the patient is able to give her statement, but speech is not clear now. She recorded dying declaration of the deceased on 12.03.2019 (exhibit P-8) and another dying declaration (exhibit P-24), which is in format of dying declaration and recorded on 12.03.2019, at 4:15 PM. When the deceased died at 16:25 PM, she gave the death intimation to the police, which i