BUDHESHWAR PRASAD Vs. STATE OF C G

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 28.2.2006, passed by the First Additional Sessions Judge, Baloda Bazar, District Raipur (CG) in Sessions Trial No. 140/2004, whereby and Whereunder the learned Additional Sessions Judge after holding the appellant guilty for commission of causing homicidal death, amounting to murder of Ku. Sanjay, convicted the appellant under Section 302 of the IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine to further undergo R.I. for 3 months.

(2.) The judgment is challenged on the ground that without any sufficient and clinching evidence, the Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) The brief facts are that Ku. Sanjay was residing in the Girls Hostel at Odkakan, District Raipur and the appellant was Teacher and Warden of the Hostel. On the fateful day of 19.3.2004, in between about 2.30 p.m. to 3.00 p.m., dead body of Ku. Sanjay was found inside the kitchen occupied by the appellant. She died as a result of Burn injuries. Smell of kerosene oil was coming out from the dead body. The accused/appellant intimated to Police and merg intimation was recorded vide Ex. P/14. Written report was lodged by the father of the deceased-Ramadhar vide Ex. P/9. First Information Report was lodged vide Ex. P/l 0. Dead body of the deceased was sent for autopsy to the Comniunity Health Centre, Bilaigarh vide Ex. P/l 5. Autopsy was conducted by Dr. Pradeep Singh vide Ex. P/l 8. The Doctor found 100% burn injuries at the person of the deceased and a strong smell of kerosene oil over the body, but any other injury was not found. Stove containing 112 litre of kerosene oil and burnt clothes were seized vide Ex. P/ 1. Burnt pieces of other clothes containing smell of kerosene oil were seized vide Ex. P/4 from the spot. Burnt pieces of clothes removed from the body of the deceased after autopsy were seized vide Ex. P/5. School Register was seized vide Ex. P/8. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973.