USHA BAI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals arise out of the common judgment of conviction and order of sentence, therefore, both the appeals are heard together and are being decided by a common order.

(2.) The present appeals are directed against the judgment of conviction and order of sentence dtd. 12/3/2020 passed by the learned 3rdAdditional Session Judge, Baloda Bazar- Bhatapara (C.G.) in ST No.74/2017, whereby the appellants have been convicted under Ss. 498-A/34 and 304-B/34 of IPC and sentenced to undergo RI for 3 years and life imprisonment with default stipulations.

(3.) The prosecution case, in brief, is that on 23/05/2017, the Police of Police Station, Kasdol received information that Archana Sahu has been burnt from the fire and has been admitted in Community Health Center Kasdol, thereafter Police went there and recorded the dying declaration of the deceased Archana Sahu, wherein she stated that appellants committed maarpeet with her and poured kerosene oil on her and set her ablaze. After investigation, the charge sheet was filed before the Magistrate concerned. After appreciating the oral and documentary evidence available on record, the learned Trial Court convicted the appellants, as mentioned in para 2 of the judgment.