SHRAWAN CHAUHAN Vs. STATE OF CHHATTISGAR

JUDGEMENT

(1.) This criminal appeal under Sec. 374 (2) of the Code of Criminal Procedure, 1973 (henceforth, Cr.P.C.) has been preferred by the appellant/accused challenging the judgment of conviction and order of sentence dtd. 26/2/2022 passed by First Upper Session Judge, Raigarh (C.G.) in Sessions Trial No. 23/2021 whereby the appellant has been convicted for the offence 304-B of the IPC and sentence him to undergo rigorous imprisonment for seven years.

(2.) Case of the prosecution, in brief, is that marriage of Raiwati Chauhan (since deceased) was solemnized with the appellant/accused on 9/4/2017 as per their rites and rituals. On 11/7/2020 at about 11 a.m. while cooking food on the hearth (xxx), the 'saree' worn by her caught fire of hearth and she sustained burn injuries, which was extinguished by the appellant. On this, his (appellant) palm also burnt up to some extent. Appellant immediately took her to Community Health Center {C.H.C.}, Pussour, District Raigarh where she (deceased) was examined by Dr. Rajni Naik (PW-8), in which vide MLC report (Ex.P-6) she opined that kerosene smell was coming from the body and she has sustained around 80% - 85% burn wound over the body. She referred her to Higher Center and in pursuance thereto, she (deceased) was admitted in K.G.H. / Dr. Lakhiram Agrawal Memorial Medical College, Raigarh (for short, 'KGH Hospital'), which was informed to the City Kotwali, Raigarh vide Hospital Memo (Ex. P-28). Upon request received from police, vide Ex.P-7, Naib Tahsildar Vikrant Singh Rathore (PW-9) recorded her dying declaration (Ex. P-8). During treatment in aforesaid medical college, she died on 16/7/2020, which was informed by the Hospital to the City Kotwali, Raigarh vide Hospital Memo (Ex.P-27). Based on which, un- numbered merg report (Ex.P-22) was registered.

(3.) So as to hold accused/appellant guilty, the prosecution examined as many as 19 witnesses and exhibited 28 documents alongwith marriage card (Article A-1). Statement of the appellant/accused was recorded under Sec. 313 of Cr.P.C. in which he denied all the circumstances appearing against him in the prosecution evidence, pleaded innocence and false implication. He has examined three witnesses in support of his defence.