DHANA BAI VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid two Criminal Appeals arise out of the same judgment and order dated 25.07.2012 passed by Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Trial No. 90/2011 convicting the accused/appellants under Section 304-B IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 500/- plus default stipulations, they are disposed of by this common judgment.

(2.) Name of the deceased in this case is Ramshila Bai who was the wife of accused/appellant Tek Ram and daughter-inlaw of accused/appellants Narottam and Dhana Bai. Her marriage with accused Tek Ram had taken place on 13.5.2008 whereas she died on 17.10.2009 after suffering 85% burn injuries in her matrimonial house. Case of the prosecution is that when the accused/appellants were working in their field, deceased committed suicide by setting herself afire after pouring kerosene on her body. Immediately after coming to know of the deceased being set on fire, accused persons rushed to the spot and shifted the deceased to CIMS at Bilaspur where she succumbed to the injuries at 1.30 PM while taking treatment. It may be mentioned here that the distance between Amlidih where the incident took place and Bilaspur is about 80 KM. Un-numbered merg Ex.P-12 was recorded on 17.10.2009 at Police outpost CIMS, City Kotwali followed by inquest being drawn vide Ex. P-4. Thereafter, postmortem on the dead-body was conducted on 17.10.2009 itself at 4.30 PM vide report Ex. P-17 which mentions that the deceased had suffered 85% burn injuries. Subsequently, numbered merg Ex.P-18 was recorded at police station Bilaigarh, District Baloda Bazar and after merg inquiry, FIR P-16 was registered against the accused/appellants under Section 304-B/34 IPC. After investigation, challan was filed by the police under Sections 304-B/34 and the Court below framed the charge u/s 304-B, in the alternative u/s 302/34 IPC.

(3.) In order to prove its case the prosecution has examined 17 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.