AFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally VISHAKHA signed by BEOHAR VISHAKHA BEOHAR CRA No. 2009 of 2019 Judgment Reserved on 31.07.2025 Judgment Delivered on 06.08.2025  Rajesh Thakur @ Chhotu @ Rajendra Thakur S/o Shambhu Thakur Aged About 21 Years R/o Attharahgudi, Police Station Pithora, District Mahasamund Chhattisgarh, District :

Mahasamund, Chhattisgarh ... Appellant versus  State Of Chhattisgarh Through The Station House Officer, Police Station Pithora, District Mahasamund Chhattisgarh, District :

Mahasamund, Chhattisgarh ... Respondent For Appellant : Mr. Akshat Tiwari, Advocate For Respondent/State : Mr. Ashish Shukla, Addl. A.G.

Division Bench Hon'ble Smt. Justice Rajani Dubey, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

CAV Judgment

Per, Amitendra Kishore Prasad, J.

1. This criminal appeal is directed against the judgment of conviction and order of sentence dated 09.05.2019 passed by the Sessions Judge, Mahasamund, District Mahasamund, C.G. in Sessions Trial No.29/2018, whereby learned Special Judge has convicted and sentenced the appellant as follows:-

2. Case of the prosecution is that about three years prior to the date of the incident i.e. 23.03.2018, the deceased namely Smt. Sushila Bariha had performed a love marriage with one Rajkumar Thakur of Village Attharahaguri. On account of matrimonial disputes with her husband, the deceased was residing with her parents at her parental house in Village Sindhupali. On 23.03.2018, in the afternoon hours, when the deceased was alone in her parental house, the accused- Rajesh Thakur, who is her brother-in-law, came there along with one unknown person. It is alleged that the accused/appellant poured kerosene oil over the body of the deceased, set her ablaze and thereafter fled away from the spot. On hearing her cries, PW-2 Rasiya, his wife and the middle sister of the deceased, rushed to the spot and found the deceased engulfed in flames. Then, he (PW-2) tried to extinguish the fire with his hands and upon failing, he fetched water from his house and doused the flames. In the process, PW-2 Rasiya also sustained burn injuries on the fingers of his right hand. By that time, several villagers had gathered at the spot and the deceased disclosed before them that her brother-in-law/accused had come with an unknown man, poured kerosene on her, set her on fire and fled away. After that, the persons present there called Ambulance 108, in which, the deceased was taken to the Government Hospital, Pithora. In the meantime, PW-2 Rasiya informed Police Station Pithora regarding the incident. Based on this information, merg intimations were recorded vide Exs.P-23 & 24 and FIR (Ex.P-06) was registered at Crime No. 40/2018 under Section 307 read with Section 34 IPC against the accused-Rajesh Thakur and an unknown person. During initial treatment at Government Hospital, Pithora, the dying declaration (Ex.P-5) of the deceased was recorded by PW-1 Dr. S.N. Dadsena and found that deceased had sustained 100% burn injuries, smell of kerosene was emanating from her body and she was burnt from first degree to third degree. Thereafter, the deceased was referred to Mekahara Hospital, Raipur, for better treatment, but she succumbed to her injuries during treatment at Mekahara Hospital, Raipur. Thereafter, inquest proceedings were conducted vide Ex.P-31 and dead body of deceased was sent for postmortem examination where PW-12 Dr. M. Nirala conducted the postmortem of the deceased and opined that deceased died due to burn injuries and its complications and gave his report vide Ex.P-29.

3. During investigation, matchsticks, burnt clothes, soil and a 5 litre jerrycan were seized from the spot vide Ex.P-08. A spot map was prepared vide Ex.P-15 and the seized articles were sent for forensic examination. Upon completion of investigation and other formalities, the charge sheet was filed before the Court of Judicial Magistrate First Class, Pithora, District Mahasamund under Section 302 IPC