DOMENDRA OJHA Vs. STATE OF C.G.

JUDGEMENT

(1.) Both these appeals arise out of the common judgment of conviction and order of sentence dtd. 17/11/2015 passed by the learned 7th Additional Sessions Judge, Durg (CG) in Sessions Trial No.81/2015, whereby they have been convicted for murder of their nieceBhuneshwari and nephew-Mohan under Sec. 302 (two counts) of IPC and each of them have been sentenced for the rigorous imprisonment for life and fine of Rs.500.00, in default, they have to undergo additional rigorous imprisonment for one month, they are being disposed of by this common judgment.

(2.) Briefly stated the case of the prosecution is that one Ghanshyam Ojha lodged the merg intimations (Ex.P-1 & P-2) on 11/5/2015 at 14.50 hours before the Police Station-Utai (Machandur), District Durg, alleging, inter alia, that on the said date, around 7 AM, he had gone to Mines along with Jagnu Dhimar and Gurudayal for doing labour work and his wife-Renu and mother- Gangotri Ojha had also gone for their labour work, while his two children, namely, Ku. Bhuneshwari and Mohan, aged about 6 years and 3 years, respectively, were at home along with his younger brother-Domendra Ojha and daughter-in-law (younger brother's wife) Smt. Malti Bai, who used to take care of his children. It is alleged further that at around 1.30 PM, he received a telephonic call from one Netram Ojha that his children are not well at home and upon knowing the said information, he returned home along with said Jagnu and Gurudayal, where he found both of his children ablazed in the room, while cot of his daughter-in-law was being burnt and, came to know that she (Malti Bai) was taken by his brotherDomendra to the hospital. In the said report, he has raised a doubt upon his daughter-in-law (Malti Bai) that she might have killed them by pouring kerosene oil as she often not only used to complain about his children, but used to assault them also. On the basis of the alleged merg intimations, an FIR (Ex.P/3) was registered on 11/5/2015 at 15.10 hrs. in connection with Crime No.114/2015 against said Malti Bai for the offence punishable under Ss. 302, 436 and 450 of IPC and, during investigation, inquests of the dead bodies were prepared vide Exs.P/6 and P/7, where, a 'Dabba' filled with kerosene oil, match sticks and broken bangles in green colour were found on the spot on 11/5/2015 at 13 hours. Dead bodies were sent for autopsy, which were conducted by Dr. R.K. Nayak (PW-16) and cause of death was opined to be shock due to extensive burn injuries and accordingly, death was opined to be homicidal in nature vide reports Exs.P-36 and P-37. The appellants were arrested on 12/5/2015 and based upon the disclosure statement (Ex.P-15) of Malti Bai, a plastic jerrycan filled with 1 1/2 litre of kerosene oil and broken bangles in green colour were recovered vide seizure memo (Ex.P-18), while match sticks and two pieces of burnt match sticks were recovered from the appellant- Domendra vide seizure memo (Ex.P-17) based upon his disclosure statement (Ex.P-16) and after completion of usual investigation, the charge-sheet was submitted before the Judicial Magistrate First Class, Durg against the appellants for the offence punishable under Ss. 302, 436 read with Sec. 34 IPC and after committal, charges were framed by the learned trial Court on 13/8/2015 under Ss. 302 (two counts) of IPC, which were denied by them and claimed to be tried.

(3.) The prosecution has examined as many as 16 witnesses and exhibited 37 documents in order to bring home the guilt of the accused/appellants, while none was examined by the appellants in their defence.