CHUNNILAL ALIAS MANNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 4.3.2002 passed by the 4th Additional Sessions Judge, Raipur in Sessions Trial No.387 of 2001, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that the Appellant is husband of deceased Dulesia alias Duleshwari. She was his second wife. He had married her by churi custom 3 years prior to the incident. On 26.8.2001, a quarrel had taken place between the deceased and the Appellant regarding builging and fixation of an additional door in their house. A social meeting had also taken place in this regard where the Appellant denied to build the additional door. It is further alleged that earlier also, the Appellant used to beat the deceased after consuming liquor. He did not give her food also. In the social meeting, when he denied for building and fixation of an additional door in the house, the deceased committed suicide in the house by pouring kerosene over her and setting her on fire. The Appellant took her to the hospital in burnt condition. On the next day, i.e., 27.8.2001, she died in the hospital. Post mortem examination was conducted over her dead body by Dr. Arvind Nerulwar (PW3). He gave post mortem report (Ex.P4) in which he found 90% anti mortem burn injuries over her dead body. On the basis of morgue inquiry, First Information Report (Ex.P8) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant. A charge under Section 306 of the Indian Penal Code was framed against him.

(3.) In support of its case, the prosecution examined as many as 13 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in his defence.