STATE OF CHHATTISGARH Vs. POONAM BAI

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 30- 4-2002 passed by the Additional Sessions Judge, Balod, (for short, "the trial Court") Sessions Division Durg in Sessions Trial No. 24 of 2002 wherein the trial Court has acquitted the respondent from the charge of commission of murder of one Vimla Bai on 1-11-2001 at about 12.05 p.m., at Tikrapara, Irrigation Colony, Gurur.

(2.) In the present case, name of the deceased is Vimla Bai wife of Pilaram Sahu (PW/3). Pilaram Sahu (PW/3) and Balaram are brothers and respondent Poonam Bai is daughter of Baalram. Pilaram Sahu (PW/3) was living in the house constructed on a land allotted in lease (patta). Pilaram Sahu (PW/3) had gone to the house of Balaram for demanding patta of the land on which he constructed the house and at this point of time some altercation took place between them. On the date of incident deceased was in the house and at the same time respondent Poonam Bai came there and quarreled with her and thereafter poured kerosene on her body and lit the match stick. Vimla Bai sustained burn injuries between 80 - 100% and succumbed to the injuries in hospital. The matter was reported to Police Station Gurur on the same day against the present respondent and investigated by the police authorities. After completion of investigation charge-sheet was filed against the respondent. Respondent did not plead guilty, therefore, trial was conducted. After examination of prosecution witnesses, statement of respondent under Section 313 of Cr.P.C., was recorded and after hearing both the parties, the trial Court acquitted the respondent as mentioned above.

(3.) Learned State counsel submits as under: