PRITAM KUMAR PAIKRA Vs. STATE OF C.G.

JUDGEMENT

(1.) The appellants in these appeals under Sec. 374(2) of Code of Criminal Procedure (CrPC) have challenged the validity, legality and propriety of the judgment of conviction and order of sentence dtd. 23/6/2022 passed by First Additional Sessions Judge, Katghora, Distt. Korba in Sessions Trial No.35/2020 whereby the appellants stand convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that on 6/5/2020 at around 10.00 pm the appellants went to the house of Prakash Paikra in drunken condition and enquired from his wife Usha Painkra about him, on which she told that he (Prakash Paikra) has gone to the house of her maternal grand-father. Thereafter, the appellants forcibly took her to garden, outraged her modesty and when she raised alarm, the appellants poured kerosene on her body, which was kept in her house, and set her ablaze. Thereafter, the appellants fled from the spot on motorcycle.

(3.) During the course of investigation, spot map was prepared vide Ex.P/3 and statements of Usha Paikra and her husband were recorded. Dying declaration of the deceased was recorded by the Executive Magistrate, Bilaspur vide Ex.P/3 on 8/5/2020. However, she died on 10/5/2020 while undergoing treatment in hospital. Hence on the information being given by the ward boy of the hospital, Merg No.30/20 (Ex.P/21) was recorded. The dead body was sent for postmortem, which was conducted by Dr. Manoj Singh (PW-16) vide Ex.P/43 wherein he noticed multiple injuries on the body of the deceased, she was 60-61% burnt and the cause of her death was septic shock due to antemortem burn injuries and its complication. The appellants were arrested and their memorandum statements were recorded vide Exs.P/11, P/12 and P/13, pursuant to which one 5 liter plastic container and motorcycles were seized vide Exs.P/15, P/16 & P/17. Plain and bloodstained soil, the burnt hair and burnt clothes of the deceased and one matchbox containing 05 matchsticks were also seized from the spot vide Ex.P/14. After completing the usual formalities of investigation, charge sheet was filed against the appellants under Ss. 354, 302, 34 of IPC.