ACQA No. 42 of 2015

1 - Phoolchand Sharma, S/o Late Shri Khoob Chand Sharma, aged about 60 Years, R/o Vasundhara Nagar, In Front of Central School, Damoh, Distt. Damoh M.P..

---Appellant/Complainant

Versus

1 - State of Chhattisgarh, Through The Station House Officer, Police Station Bhilai Bhatti, Distt. Durg Chhattisgarh.

2 - Girwar Prasad Sharma, S/o Shri Fakeerchand Sharma, aged about 57 Years,

3 - Shireen Sharma, S/o Shri Girwar Prasad Sharma, aged about 31 Years,

4 - Sachin Sharma, S/o Shri Girwar Prasad, aged about 24 Years,

5 - Vipin Sharma, S/o Shri Girwar Prasad Sharma, aged about 26 Years,

6 - Kunti Devi Sharma, W/o Shri Girwar Prasad Sharma, aged about 46 Years,

Respondent Nos. 2 to 6 are R/o Sector 4, Road WMR, Quarter No. 2/B, Bhilai, Ps Bhilai Bhatti, District Durg, Chhattisgarh.

--- Respondent(s)

For Appellant/Complainant : Mr. Avinash K. Mishra, Advocate

For State/Respondent No.1 : Mr. Kanwaljit Singh Saini, Dy. G.A.

For Respondents No. 2 to 6 : Mr. Shreyansh Pathak, Advocate

ACQA No. 209 of 2015

1 - State Of Chhattisgarh Station House Officer, Police Station Bhilai Bhatti, District Durg Chhattisgarh. , Chhattisgarh

---Appellant/State

Versus

1 - Girwar Prasad Sharma, S/o Fakirchand Sharma, aged about 57 Years,

2 - Shirin Sharma, S/o Girwar Prasad Sharma, aged about 31 Years,

3 - Sachin Sharma, S/o Girwar Prasad Sharma, aged about 24 Years,

4 - Vipin Sharma, S/o Girwar Prasad Sharma, aged about 26 Years,

5 - Kunti Devi Sharma, W/o Girwar Prasad Sharma, aged about 46 Years,

All are R/o Sector 4 Street WMR, Quarter No. 2/B, Bhilai, Police Station Bhilai Bhatti, District- Durg, Chhattisgarh.

--- Respondents

(Cause-title Taken From Caste Information System)

For Appellant/State : Mr. Kanwaljit Singh Saini, Dy. G.A.

For Respondents : Mr. Shreyansh Pathak, Advocate

Division Bench : Hon'ble Shri Justice Sanjay S. Agrawal and Hon'ble Shri Amitendra Kishore Prasad, JJ.

CAV Judgment

Per Amitendra Kishore Prasad, J.

1. Since all the aforesaid appeals arise out of the common judgment dated 27.03.2015 passed by the learned Additional Sessions Judge, Durg, District Durg, C.G. in Sessions Trial No.189/2013, they are being heard analogously and are disposed of by this common judgment.

2. Criminal Appeal No.436 of 2015 has been preferred by appellants—Girvar Prasad Sharma, Shirin Sharma and Kunti Devi Sharma under Section 374(2) of the Code of Criminal Procedure, calling in question the legality and correctness of the judgment whereby they have been convicted and sentenced as under:

(Both sentences were directed to run concurrently)

3. Acquittal Appeal No. 42 of 2015 has been preferred by the complainant- Phoolchand Sharma, father of the deceased- Pragnya Sharma, challenging the judgment of acquittal passed by the learned trial Court insofar as it relates to acquittal of the accused persons from the charges under Sections 302 and 304-B read with Section 149 of IPC and seeking their conviction for the said offences.

4. Acquittal Appeal No. 209 of 2015 has been preferred by the State challenging the same judgment of acquittal insofar as it relates to acquittal of the accused persons from the offences punishable under Sections 302 and 304-B read with Section 149 of IPC and seeking their conviction for the said offences.

5. Prosecution case, in brief, is that deceased- Pragnya Sharma was married with accused- Shirin Sharma on 15.02.2012 and after marriage, she started residing in her matrimonial home at Bhilai along with husband and family members. According to prosecu