SHIVENDRA PRATAP SINGH THAKUR Vs. MANJULATA BHARDAWAJ

JUDGEMENT

(1.) The present appeal under Sec. 374(2) of Code of Criminal Procedure has been filed against the the judgment of conviction and order of sentence dtd. 10/3/2003 passed by II Additional Sessions Judge, Baloda Bazar, District- Raipur (C.G.) in Sessions Trial No. 371/2002 whereby, the trial Court has convicted the appellants and sentenced them as under:-

(2.) Vide order dtd. 22/8/2023 passed by this Court, the instant appeal stands abated in respect of Appellant No.3- Sadhaeemati as she died on 26/7/2009. Hence, the instant appeal is being prosecuted on behalf of appellant No. 1- Lakeshwar Sahu, appellant No.2- Jagjivan Sahu & appellant No.4- Khikh Bai.

(3.) Case of the prosecution is that on 2/8/2002, merg intimation with regard to death of his daughter-in-law was lodged by the accused/appellant No.1- Lakeshwar sahu to the police stationSarsinwa. The Merg No. 20/2002 (Ex.P/10) was registered wherein the complainant stated that on the date of incident, appellants went to work on field. Deceased- Rameshwari was alone in the house. At about 10:00 A.M., they came to house after seeing the smoke coming out of their house and saw that the house caught fire and thereafter, they extinguished the fire and entered the house and saw that the deceased -Rameshwari suffered burn injuries and due to which she died.