SONKALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 29-11-1999 passed by Additional Sessions Judge, Mungeli, District Bilaspur in Sessions Trial No. 260/98. By the impugned judgment, the appellant has been convicted and sentenced in the following manner.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned, thereby committed illegality.

(3.) As per the case of prosecution, on 7-5-1998, at about 9.30 a.m., Siddhram Sahu from village Nirjam, Police Station Mungeli reached to Police Station and gave information that his aunt, (appellant) and brother Awadhram informed him that Narbadiya Bai committed suicide by setting herself ablaze in a room which was used by deceased Narbadiya Bai and her husband Awadhram. He along with other villagers visited the place of incident and found Narbadiya Bai dead in a burnt condition. A container of kerosene oil was placed nearby. Police officials of Mungeli recorded merg vide Ex. P/3 and rushed to the place of incident. Investigating Officer seized match stick, half filled container of kerosene oil, one small bottle, burnt piece of sari, match box and one wooden roller vide Ex.P/4. Investigating Officer prepared spot map vide Ex.P/5. After giving notice to the witnesses vide Ex. P/1, inquest over the dead body was prepared by the investigating officer vide Ex.P/2. Dead body of the deceased was sent for autopsy to medical officer Mungeli vide Ex.P/6A. Dr. R. Bhattacharya (P.W. 11) conducted autopsy and found symptoms/injuries on face, scalp, neck, chest, forearm, shoulder, abdomen thigh, backside of leg and almost all the parts of the body eas having burn injuries and total area of burn was 92% approximately. In his opinion death was as a result of asphyxia due to excessive burn. 36-46 hours elapsed between death and commencement of postmortem examination. Viscera has been preserved for chemical analysis. Post-mortem was conducted by team of doctors namely Dr. V. Suryavanshi along with Dr. R. Bhattacharya. Post-mortem report (Ex. P/ 6(A)) was prepared and signed by both the doctors. After receipt of the said report and after inquiry upon the merg, the investigating officer held that is a case of abetment of suicide by the appellant. B.M. Pari (P.W. 10) proved the First Information Report written by ASI H.S. Dwivedi vide (Ex-P/6) who also registered the offence under Section 306 of the IPC against the appellant as crime No. 93/98 on 25-5-1998.