ROSHAN LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals arise out of a same judgment, they are decided together by this common judgment.

(2.) The Appellants have preferred the instant appeals against judgment dated 31.7.2015 passed by 6 th Additional Sessions Judge, Durg in Sessions Trial No.11 of 2014, whereby each of them have been convicted and sentenced as under: Conviction Sentence Under Section 306 read with Rigorous Imprisonment for Section 34 of the Indian Penal 10 years and fine of Code Rs.3,000/- with default stipulation

(3.) Facts, in brief, are that deceased's name was Kumari Parvati, who, on the date of incident, was aged about 15 years. According to the prosecution, on 27.11.2013 at about 2 p.m., the deceased along with her friend Reshma (PW3) went to the house of Khalendra (PW6), a student of engineering, for asking him whether he will give them tuition. Allegedly, all the Appellants along with other villagers came there and said both the girls (Parvati and Reshma) that they had come there to do wrong acts, they were vagabond and they were also defaming the village. Thereafter, both the girls returned home. Parvati set herself on fire at home. During treatment, she died at Sector-9 Hospital, Bhilai on 11.12.2013. Morgue (Ex.P18) was lodged. After morgue inquiry, an offence was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of investigation, a charge-sheet was filed for offence punishable under Section 306 read with Section 34 of the Indian Penal Code. Charges were framed against the Appellants under Section 306 read with Section 34 of the Indian Penal Code.