LAWS(CHH)-2021-6-22

SHESHURAJ MARIAN Vs. STATE OF CHHATTISGARH

Decided On June 10, 2021
Sheshuraj Marian Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) During pendency of this appeal, Appellants No.1 and 2 died. Vide order of this Court dated 25.11.2019, their names have been deleted from the array of cause-title and the instant appeal, so far as it relates to them, has abated.

(2.) The appeal is directed against judgment dated 14.6.2011 passed by 4th Additional Sessions Judge, Durg in Sessions Trial No.39 of 2010, whereby each of the Appellants have been convicted and sentenced as under:

(3.) Facts of the case, in brief, are that name of the deceased is Smt. Celistina. Her marriage was performed with Appellant No.1 (dead) on 8.10.2008. Appellant No.2 (dead), Appellant No.3 and Appellant No.4 are father-in-law, mother-in-law and sister-in-law (Nanad) of the deceased, respectively. In the intervening night of 26th and 27th of July, 2009, Celistina died due to fire burn at her matrimonial house. Morgue (Ex.P15) was lodged by Appellant No.1. Inquest proceeding (Ex.P2) was conducted. Post mortem examination over the dead body of Celistina was conducted by Dr. Badri Narayan Dewangan (PW3). His report is Ex.P4 in which he opined that she died as a result of shock due to 100% burn. During morgue inquiry, S. Roseline Rao (PW5), sister of the deceased made a written complaint (Ex.P5) on the basis of which First Information Report (Ex.P8) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. It is alleged that after a few days of the marriage, the deceased was subjected to cruelty by the Appellants for demand of Rs.1,00,000 for purchase of a car. On completion of the investigation, a charge-sheet was filed. The Trial Court framed charges.