PUSHPENDRA SURYAVANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 5.7.2014 passed by 1st Additional Sessions Judge, Sakti, District Janjgir-Champa in Sessions Trial No.116 of 2013, whereby the Appellant has been convicted and sentenced as under:

(2.) Facts of the case, in brief, are that Kanteshwaribai died on 4.2.2013 within 7 years of her marriage with the Appellant. She was found dead due to fire burns at her matrimonial house in suspicious condition. According to the prosecution case, first marriage of the deceased was performed with one Anil 3 years prior to her death. 6 months thereafter, Anil left her. In April, 2012, the Appellant married her as per churi customs. She lived with the Appellant happily for 2-3 months. Thereafter, the Appellant started beating her for demand of money. He tortured her physically and mentally. He did not understand even after being inculcated by her parents and continued to torture and harass her. On 4.2.2013 at about 9:00 a.m., when the Appellant was not at home, she poured kerosene over her and set herself on fire. The Appellant took her to hospital at Sakti, but she died in the hospital during treatment. On receiving intimation from the hospital, a morgue (Ex.P11) was recorded on zero in Police Station Sakti. Inquest (Ex.P4) of the dead body was done. Post mortem examination of the dead body was conducted by Dr. R.L. Thakur (PW12) and his team. Their report is Ex.P17 in which it is opined that the deceased had received 96% burn injuries and cause of death was asphyxia and shock. On the basis of the morgue (Ex.P11) recorded on zero, numbered morgue (Ex.P7) was recorded in Police Station Baradwar. On the basis of morgue inquiry, First Information Report (Ex.P8) was registered in Police Station Baradwar. During the course of investigation, a container of kerosene having filling capacity of 5 litres, a match box having 2 sticks and some burnt pieces of saree of the deceased were seized vide Ex.P6. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 304B of the Indian Penal Code. Charges under Section 304B, in alternative under Section 306, in alternative under Section 302 of the Indian Penal Code were framed against him.

(3.) To rope in the Appellant, the prosecution examined as many as 13 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt. No witness was examined in his defence.