DINESH SONI AND ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the above criminal appeals arise out of the same incident, they are being disposed of by this common judgment.

(2.) By filing Cr. Appeal Nos. 797/11, 890/11, 177/12 and 240/12, the appellants have challenged the legality and propriety of judgment of conviction and order of sentence dated 11.10.2011 passed by the 1st Additional Sessions Judge, Ambikapur, District Sarguja in S.T. Nos. 328/09 and 53/10 whereby and where under the trial Court has convicted and sentenced the appellants as follows:- Appellant - Dinesh Soni and Smt. Surekha:- <FRM>JUDGEMENT_33_LAWS(CHH)4_2015_1.html</FRM> Appellant - Ravindra Soni:- <FRM>JUDGEMENT_33_LAWS(CHH)4_2015_2.html</FRM> Appellant - Arun Kumar Soni:- Appellant - Smt. Tara Devi:-

(3.) As per case of the prosecution, unfortunate deceased Renuka Soni, wife of appellant Ravindra Soni, was residing with appellant Ravindra Soni in her matrimonial house situate at village Bandana, Police Station Sitapur. Other appellants namely Smt. Tara Devi (mother of appellant Ravindra Soni), Arun Kumar Soni, Dinesh Soni and Surekha Soni (brothers and sister of appellant Ravindra Soni), were also residing under the same roof. On 26.4.2009 Rahul Soni (PW-8), brother of the deceased, was sitting in the house of appellant Ravindra Soni, after some time said Rahul Soni proceeded by motorcycle for Ambikapur along with other persons. Appellant Ravindra Soni noticed melting of nylon bag by silencer of motorcycle which Rahul Soni (PW-8) was carrying with him. Being asked, Rahul Soni (PW-8) told that he is carrying clothes of the deceased which she has given to him for returning the same to her father. Although ornaments were also found inside the burnt nylon bag. On 27.4.2009 appellant Ravindra Soni came back to his house and asked the deceased about such attitude then the deceased prayed for pardon and submitted that she will repeat the same mistake. Appellant Ravindra Soni went for sleep and after some time Chintu came and informed him that the deceased is present in the house, whereupon they started searching the deceased and in that process they noticed that back door of the house is open and therefore appellant Ravindra Soni along with other members of the family went there and saw that burnt dead body of the deceased is lying in the field. Appellant Ravindra Soni informed about the incident to the parents of the deceased and thereafter went to the Police Station Sitapur and lodged Merg vide Ex. P-10. The Investigating Officer left for scene of occurrence and after summoning the witnesses vide Ex. P-2, inquest over the dead body of the deceased was prepared vide Ex. P-3. Spot map was prepared vide Ex. P-11. On 28.4.2009 matchbox, kerosene jerrycane and burnt pieces of cloth were seized from the spot vide Ex. P-6. Dead body of the deceased was sent for autopsy to the Government Hospital, Sitapur vide Ex. P-12 where Dr. Rajni Shanta Tigga (PW-6) conducted autopsy vide Ex. P-7 and noticed following injuries and symptoms:-