MITHLESH KUMAR & OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellants, who are the husband and his family members including his married sister, with the exception of appellant No.2, have been convicted under Section 304-B I.P.C. to life imprisonment for the death by burn injuries of deceased Ahilya Bai within seven years of the marriage by the Sessions Judge, Janjgir-Champa, in Sessions Trial No. 17 of 2007.

(2.) The appeal was held to have abated against Appellant No.2 by order dated 04.03.2014 on account of his demise.

(3.) The deceased was married to appellant No.1 on 20.04.2006. She died of burn injuries in the matrimonial home on 17.09.2006 at about 7.00 PM. Merg statement, Ex.P.10, of appellant No.1 was recorded the same day at 8.55 PM. He stated that for the previous eight days differences were occurring between his wife and mother. The deceased, on the fateful day informed the appellant that there was no oil in the house. His mother brought the same. The deceased was agitated and went to her room. While the appellant No.1 was sitting elsewhere at a shop, he received information, rushed home and found his wife lying on the ground in the kitchen and burning. He tried to douse the fire with a blanket while his younger brother Durgesh poured water over the deceased in an attempt to save her. She died soon thereafter. The deceased had committed suicide by pouring kerosene oil over her body. F.I.R. No.232/2006, Ex.P.14, was registered at the Balouda P.S. on 21.09.2006 by the Officer-in-charge on basis of the Merg statement.