2026:CGHC:7991-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 243 of 2023

1 - Tirathraj Patel S/o Late Shri Alkhuram Patel, Aged About 35 Years Occupation Driver, R/o Potiyakla, Abadipara, Adarsh Nagar, Police Station Pulgaon, District Durg Chhattisgarh.

... Appellant(s)

versus

1 - State of Chhattisgarh Through The Station House Officer, Police Station Pulgaon, District : Durg, Chhattisgarh ... Respondent(s)

For Appellant(s) : Ms. Aditi Singhvi, Advocate.

For Respondent/State : Mr. Shaleen Singh Baghel, Govt. Advocate.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, J.

Order on Board

Per Ramesh Sinha, Chief Justice

13/02/2026

1. The appellant has preferred this criminal appeal under section 374 (2) of the Criminal Procedure Code 1973, against the judgment of Digitally signed by ALOK ALOK SHARMA SHARMA Date:

2026.02.19 +0530 conviction and sentence dated 03.12.2022, passed by learned Second Additional Sessions Judge, Durg, District Durg, in Sessions Case No. 311/2021, whereby the appellant has been convicted Under Section 302 of IPC and sentenced him for Life Imprisonment with fine of Rs. 500/-, in default of payment of fine additional RI for 01 month.

2. The case of the prosecution in brief is that on 03.09.2021, the complainant Kemendra Sahu (P.W. 2) lodged a report to the police that at about 06:00 pm, when he came back from his work to his house, the daughter of accused Tirathraj Ram Patel came out from her house in burning condition and ran towards the house of Amrit Bandhe and tried to extinguished fire by water taken from the drum kept there. He and Omprakash Bandhe covered her with a bedsheet and, with the help of other persons, took her to the District Hospital, Durg, by motorcycle. She disclosed at the hospital that her mother and father were quarreling and when she intervened, her father, Tirathraj Ram Patel, poured kerosene oil upon her and set ablazed by match stick. FIR Ex. P/8 was registered against the accused Tirathraj Patel, for the offence under Section 307 of the IPC. The deceased was treated by Dr. Shrishti Deshmukh, PW-7, who found 80 % burn injuries on the body of the deceased and after primary treatment, she referred her to higher centre. Her MLC report is Ex.P/19. Her indoor patient admission ticket at District Hospital, Durg is Ex.P/20. At the time when she was admitted at District Hospital, Durg, her dying declaration was recorded by Dr Shrishti Deshmukh, PW-7, which is Ex.P/18. In the dying declaration, she alleged that her father poured kerosene oil upon her and burnt. The deceased was then shifted to Jawaharlal Nehru Hospital and Research Centre, Bhilai, from where she was again shifted to DKS Super Specialty Hospital, Raipur, where she died on 13.09.2021. Merg intimation Ex.P/24 was sent by the doctor of DKS, Super Specialty Hospital, Raipur to Golbazar Police Station, Raipur. Inquest Ex.P/15 of the dead body of the deceased was prepared in the presence of the witnesses and the dead body was sent for its port-mortem to Dr. Amedkar Hospital, Raipur, where PW-10 Dr Nagrendra Singh Sonwani conducted post-mortem of the dead body of the deceased and gave his report Ex.P/25. While conducting the port-mortem the doctor has noticed ante- mortem superficial to deep burn present over the parts of chest, part of abdomen, part of upper and lower limbs and back and burn area involved about 45-50 % of total body surface area and opined that the cause of death is septicemic shock as a result of ante-mortem infection of multiple internal organs subsequent upon ante-mortem infected thermal burn. Involved in about 45 -

50 % of the total body surface area.

3. The merg-intimation was transferred to Police Station Pulgaon, District Durg, where merg-intimation Ex.P/26 was recorded, and the offence of Section 302 of IPC was added. Spot map Ex.P/1 was prepared by the Patwari, and Ex.P-9 was prepared by the Police. Burnt pieces of clothes, burnt match-stick having smell of kerosene oil, burnt pie