CAV Judgment

1. The appellant by way of this appeal has challenged the judgment of conviction and order of sentence dated 14.03.2005 passed by the First Additional Sessions Judge, Baloda Bazar (CG) in Sessions Trial No. 344/2004 whereby and whereunder, appellant has been convicted and sentenced as under :-

Conviction u/S.	Sentence RI.	Fine	In default of payment of fine
306 IPC	7 Years	Rs. 2000/-	1 year RI
376(1) IPC	10 Years	Rs. 3000/-	1 year RI
450 IPC	7 Years	Rs. 2000/-	1 year RI

All the sentences were directed to run concurrently.

2. The case of the prosecution, in brief, is that marg intimation dated 22.08.2004 (Ex. P/4) was recorded by Sakharam (PW-2) alleging that daughter of elder brother of Jai Kumar, Heeramani was found dead by burning herself and daughter-in-law Laxmi Bai alongwith the other residents namely Pratap Verma, Same Bai, Orelia Bai have kept the victim on a khat and also stated that the victim has informed Laxmi Bai that she was burnt at the time of cooking of food. In the intimation it has also been mentioned that the door of the house was closed and other person namely Hareliya Bai who was also present told that at 01:30 PM in the house Vijay Verma entered and he was seen by Jai Kumar and because of fight, the victim has got fire. Thereafter, she was taken to the hospital and in the midway the victim expired.

3. On the basis of marg intimation (Ex. P/2), the police of Police Station Kasdol reached the spot and, after issuing notice prepared the inquest panchnama of the deceased and a Dehati Nalishi report (Ex. P/12) regarding death of the victim was recorded. The body was sent for postmortem, statements of the witnesses were recorded. Burnt clothes and other articles, including matchsticks, were seized from the place of occurrence. A underwear containing semen stains was seized from the accused, and the accused was also medically examined. On the basis Dehati Nalishi, FIR (Ex. P/11) was registered by the Police Station Kasdol for commission of offence under Sections 450, 376, 306 IPC on 23.08.2004 alleging that the deceased was residing with her brother Jai Kumar and Sister-in-law (Bhabhi) Laxmi Bai in village Koliha. On 22.08.2004, which was Sunday, accused Jai Kumar had gone to the agricultural field along with his wife Laxmi Bai, and at that time the deceased was alone in the house. It is alleged that accused Vijay Kumar entered the house and, after closing the door, committed forcible rape upon the deceased. At that very time, Jai Kumar returned from the field and called out for door open. At that time, accused Vijay Kumar was coming out of the room and proceeding towards another room, whereupon Jai Kumar caught hold of him and assaulted him. Hareliya Bai informed that the accused has assaulted the deceased, therefore, she set herself ablaze.

4. It is also the case of the prosecution that while the deceased was being taken from the house to the hospital for treatment, she succumbed to death on the way. Thereafter, her body was brought back to the village and kept near the main road, and thereafter a report was lodged at the police station regarding the incident. Upon sufficient incriminating material being found against the accused during investigation, he was arrested and, after completion of investigation, the charge-sheet was filed before the Court of the learned Magistrate under Sections 450, 376(1) and 306 of the IPC. Upon filing of the charge-sheet by Police Station Kasdol, the learned Magistrate, finding that the offences were triable exclusively by the Court of Sessions, committed the case to the Sessions Court which was registered as Sessions Trial No. 344/2004. The accused denied the charges and faced trial.

5. To bring home the charges against appellant, the prosecution examined as many as 16 witnesses namely PW/1 Shiv Kumar Verma, PW/2 Sakharam, PW/3 Laxmi Bai, PW/4 Samme Bai, PW/5 Janak Kumar Lahre, Patwari, PW/6 Dr. Y.K. Sharma, PW/7 Ganeshram Kash