ISHWARI GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 02.07.2011 passed by Third Additional Sessions Judge, Raipur (C.G.) in Session Trial No. 230/2010, wherein the said court convicted the appellant for commission of offence under Section 306 of IPC and sentenced to R.I. for 7 years and fine of Rs. 1000/- with further default stipulations.

(2.) In the present case, name of deceased is Sarita Gupta, who died on account of burn injuries on 24.06.2009 in house of the appellant at village- Kharora, District-Raipur (C.G.). To substantiate the charge, the prosecution examined as many as 10 witnesses. Sharad Kumar Sahu (PW-1) is neighbour of the deceased and as per version of this witness, the deceased told her just after the incident that she sustained burn injuries on account of accident and it is sustained by burn of stove. This witness has not deposed anything against the appellant regarding his instigation or intentionally aiding to her to commit suicide by the appellant. If version of this witness is taken as it is, the case is not of suicide, but it is a case of accident. No other person was examined as to what was really happened before the incident.

(3.) Raju Gupta (PW-2) is father of the deceased who is resident of Bhilai not resident of place of incident. As per version of this witness, it is the appellant who caused burn injuries to the deceased by pouring kerosene, but that is not version of the prosecution and this witness has stated out of imagination because he was not present at the place of incident and he was not known as to what was really happened in the house of the appellant. From his cross-examination, it is clear that there was no dispute between the appellant and the deceased and there was no demand of dowry with relation to marriage.