RAJESH KOTHARI Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2020-1-27
HIGH COURT OF CHHATTISGARH (FROM: BILASPUR)
Decided on January 10,2020

RAJESH KOTHARI Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

SACHIN JANA VS. STATE OF WEST BENGAL [REFERRED TO]


JUDGEMENT

RAM PRASANNA SHARMA,J. - (1.)The appeal is directed against judgment dated 13-9-2013 passed by the Sessions Judge, kabirdham (Kawardha) (CG) in Session Trial No. 22 of 2013 wherein the said Court convicted the appellant for commission of offence under Sections 458 and 307 (two times) of the Indian Penal Code, 1860 and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of 3000/- on each count with default stipulations.
(2.)In the present case, names of the victims are Chanda Bai and Bhagatram. As per version of prosecution, Bhagatram is having two daughters namely Hemanbai and Kalarbai. Appellant was married to Hemanbai in bangle form and said appellant was having habit of gambling and he has disposed of all his property as well as jewelery of Heman Bai. Heman Bai was withdrawn from the company of the appellant. Victims Bhagatram and Chanda Bai are father and mother of Heman Bai. On the date of incident i.e., on 23-1-2013 when both were sleeping in their house, appellant reached there, poured kerosene on them and set them ablaze with intention to cause death. The matter was reported and investigated and the appellant was charge sheeted and convicted as mentioned above.
(3.)Learned counsel for the appellant submits as under:
(i) Ingredient of Section 307 of IPC is not established and charge leveled against the appellant is not proved by cogent evidence.

(ii) Ten years small child was also sleeping with the victims, but he did not receive any burn injury even not mark of burn which creates doubt upon the prosecution case.

(iii) Version of Bhagatram is not reliable while Chanda Bai (PW/6) deposed that she has not seen the appellant coming towards her house. The witnesses have improved their version, therefore, finding of the trial court is liable to be set aside.



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