PUNNI BAI KANOJE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These appeals are directed against the judgment dated 31-1-2009 passed in Sessions Trial No. 5/2008 by the First Additional Session Judge, Baloda Bazar, District Raipur (C.G.). By the impugned judgment, the appellants have been convicted u/S. 302/34, IPC and sentenced to undergo imprisonment for life and to pay fine of Rs. 500/- with default sentence of R.I. for 2 months. The facts, briefly stated, are as under:--

(2.) Admittedly, there was no eye-witness to the incident and the case of the prosecution was based on circumstantial evidence. Following are the circumstances, on which, the learned Session Judge relied and held that it was proved beyond all reasonable doubts that the appellants committed murder of the deceased by putting her on fire after pouring kerosene on her body:--

(3.) Mr. Ranbir Singh Marhas and Mr. J.R. Verma, learned counsel appearing on behalf of the appellants, argued that the above circumstances set-forth by the prosecution, were not of conclusive nature and tendency; they were capable of being explained; in fact, the above circumstances were not fully established against the appellant; and the chain of circumstantial evidence was not complete and it was not established that the deceased died homicidal death. They further argued that bayara (badi) was an open place, accessible to all, therefore, even if the dead body was found in the bayara (abdi) of Khamhan Singh (A-1) it would hardly be incriminating against the appellants.