^^^RTf^W WT3?T^r ^qf5F ^ GRPRJ—i ^-(^c| ^ww^, y>Tfi^^i<s, [sf<71>t-H^< ^W^f *<4|cb- C-r. ^\ ••^ 200 f SV^ VRfSK (^lf^f^T) Crimiaal Aorieal No.21/2001 APPBLLANT Satva4tm Bai, Aged 58 years., wtfe of Sukhr^m Dhobi, R/o Shiv Maiidir, Sirgitt^, P.S. Tarbahar, Bilaspur(CG) RESPONDBNT State D.B.: HON^BLB SHRI L. ORALJ (24. L.C. Bhadoo, J:- Shri D.K. Gwalre, As^ cni^fQi<flti ^w^fi ^ 'fe^t {pji^K ^^fRRgTT^T ;rsiis 'fChhattisgarh . BHADOO, J. 8s HON*BLE SHRI SUlNIL KUMAR SINHA. J. UDGMENT 9.2007) Ms. Meenu Banerjee, c<j)iinsel for tfae appeUant. itaat PubUc Prosecutor for fhe State. punishable under Section Heard. This appeal is direj^ted against the judginent of conviction aad order of sen1|ence dated 8.12.2000, passed by fhe Sessions Judge, BUajspur(C,G.) ia Sessions Trial No. 155/98, whereby the leaijned Sessions Judge, after holdmg fhe accused/appellarit gu^lty for coimnission of offence 302 of I.P.C., sentenced her to ^I^T.'^T R"}i+ ^^TW^T ^n^ 7SST ^1^10<4, ^»Ti1<-14|(S, is<<?ii|^^< C-r. 0-\ ^l^dl ^q^--" •• ••—•/f"^-"- -^ •••••— "^ 2001 3^9f ^^ (^^<^) liii undergo ioiprisoniaent for ia default of payiaent of fine however, fhe leamed Sessioi nainely Kamla Dhobi. The case of tih.e prose^ (siace deceased) was fhc accused/appeUant Satyaatiji niotiier-in.-law of Meena bai.| Meena bai was niaaied to iacident aad tiiere is a raale out of the wedlock. Me^ Meluram(PW-3) aad Ganga| Satvaatin Bai along wifh ftJL^ quarrel wifli Meena bai on doinestic works and SiUu, her on fhe iastigation of his beating to Meena bai after Satvaatm Bai aad Kauila coininit inurder of Meena b4i, Meena bai aad after pouring| on fire. Hearing fhe cries, of Smu. She saw that W accused/appeUaat Satvaat4i yard of fhe house, holdiag cftl<4{<yt<fll '^ITR^ff ^f ft^ "rf^RZR ^3ff^T3TT^T |e aad to pay a fine of Rs.5000/-, |to ftirfher iindergo R.I. for 1 year, [s Judge acquitted fheco-accused t|&e bution ia brief is fhat Meena bai wtfe of SiUu Dhobi. The Bai is niother of SiUu aad Kainla Bai is fhe aunt of Sillu. piUu 2 years prior to the date of ^hUd, aged about 2 to 2 ^ months ^na bai was fhe daughter of )ai(PW-4). The accused/appeUant lie co-accused Kainla Bai used to pretext that she was not doing hfiisbaad of Meena bai used to beat jinotiier aiid aunt. Once SiUu gave Donsuining llquor. On 17.9.1997 3ai wifh a coinnion intention to [/ inserted a clofh ia fhe inoufh of kerosene oil her body, fhey set her r-2 Indira Bai cacae to tihie house leena bai was bumiag aad the Bai was staadiag ia the court- child of Sillu ia her lap. Meena irw- tbe GRPRJ— XI-HC—78 ^^ ^T h^W ^^ ^?T^T $^^lc^ r:v •3^S( ^Hl^, ^Tfl-y<i<s, (st0l-M*^< NWdl gb^tcb C^-. App. 2^\ -^ 2001 an^jT ^w (l(if(?l^<sr) ^^R'^fi^^I^ ^ 3— Qai 1^97 bai was writliiag; she wa^ Bai enquired froni Satv^ caught fire, Sat^antiii aad she did not niake Meena bai was adinitted in Bum Unit on 17.9.1^ 5.55 p.in. she died on ac^ 100% bura iojuries. M( Constable of Nagar Sen^ Station City KotwaM, Ex.P/10 was registered b] The Investigatmg Officer prepared site plaa Ex.P/. seized one yellow colouj quantity of kerosene oil and fhe inatch-box were notices to fhe Panchas P/7 on the body of Mee F^orensic Science Laboratc report Ex.P/12 was recei sent for postinortem exao] the deceased was condi] 18.9.1997. Hefoundtha^ the deceased; fhe body wh^reupoi 4)^fd4^ ^M^^f^11^ <fa<Sr»< ^^iRpT^n^i not able to raise cries. When Indira mtin Bai as to how Meena bai has lai repUed her that she doesn't kaow aay attempt to extiaguish fhe fire. to fhe Goveranient Hospital, BUaspur at about 5.45 p.in. aad at about ;ount ofbum iajuries. She sustaiaed |rg uitiraation was sent along wifh a at about 11.15 p.m. to the PoUce ^reupon, fhe first iaformation report ^ the S.H.O. PoUce Station, Tarbahar. ^vent to fhe place of occurrence. He Froia the place of occurrence, he jeiTicaa of 5 Utres wifh a sraall it. The burat clofhes of Meena bai seized iinder Ex./P/4. After giviag Ex.P/6, he prepared iaquest Ex. fca. Seized articles were sent to fhe |ry, Sagai' under Ex.P/1 1 froin where, i^ed. The body of fhe deceased was itimation. Postoaiortem on the body of ;ted by Dr. S. Chatterjee(PW-6) on a cloth was msexled ia fhe moufh of ^as burat upto 95 %, He prepared uidder :ai2|Lm< .^:.r' 3?i^r^r R'iich ^8?T3?T^T $b^i<=h 3-c^T '^ll^t'?'*^, ^»r{1yjl6, ts|<71>iyl|,< ...cf^:..A.f..P.:......2-l 'flP^iT ^Tn^"""-—---i""-"""">-"""-.^200t ^?r ^9? (4G(^<^) ^^R^rf^r 3^r _ ^ _ postmortem report Ex.P/5 a was shock due to extensive After conipletion of filed agaiast Satvraatm Bai Judicial Magistrate First committed the case to fh( prosecution ia order to accused persons exaiuiaed accused persons were recop which, tiiey denied the m.a1 stated that fhey are ianocei in tlie case, no defence witac The leamed Sessions for respective parties, convjj as aforeiaentioned, howeverj Ms. MeenuBanerjee, accused/appellaat has not sustaiaing fhe bura injurie^ body. In fhis case, fhere is | whole case rests on fhe In order to convict fht circumistaiitial evidence, estabUsh fhe foUowmg circji ^l^^ll ^^i ^* 'fe^ ';[f^R5R ^'sTRpT^n^r ajid opiaed fhat fhe cause of death 3|ums. fl|Le iavestigation, charge sheet was aad Kamla Bai ia the court of Class, Bilaspur, who ia tuni Sessions Judge, Bilaspur. The sjstabUsh fhe charge against fhe 1 witaesses. The stateiaent of the ^ed under Section 313 Cr.P.C., ia (erial appearing agamst theni aad |t aiid have been falsely implicated }ss was produced. Judge, after heanng fhe counsel cted aiid sentenced Satvaatin Bai acquitted Kainla Bai. ^ounsel appearing on behalf of fhe tisputed fhe deafh of Meena bai by after pouriag kerbsene oU on her no direct or ocular evidence. The evidence. accused/appeUant, based on fhe prosecution is required to inistaaces as has been held by fhe circtimstaatial 1ltie GRPRJ—F •S^S( ^1'qi^q, ?$xfi^^<3, fsj^l-!-!^ .c<r.:..A^f..-.....?-.i ^IN^I gb^jch""""""""""""^"'""-7- '•—••••••-"-^ 200 ^ 3iT^r x^^ (4C<^<^) ^I^T^T R^ich ^«TT37T^T ^qt^ ^^?T^R Trf^ 3T1^T _ Apex Court ia fhe niatter o: Stecte ofMaharashtra. fl9]94) 4 S.C.C. 116 . The foUowing conditic agamst aa accused caii b| circuinstantial evidence: (1) fhe circumstaa^ gmlt is to be raerely 'iaay be3 (2) fhe facts so witli the that is to say, aay otlier hypcj guilty, (3) fhe circiuastaitK nature aad tend (4) they should except the one (5) fhere inust be not to leave conclusion coils accused aiid probabiUty fhej accused estfabUshed hypoti|iesis CM^<rt4rt 'RR^ff ^* f^^ <r^^l< ^ 3tRfH vSTT^T Sharad .Birdhicfeand Sarda ys. tos Biust be fulfilled before a case ^ said to be fuUy estabMshed on ;es froni which flie conclusion of Irawu must or should be and uot |fiiUy established, should be consistent only of fhe gmlt of flie accused, fhey shonld not be explaiaable on ^fhesis except fhat tlie accused is fcces should be of a conclusive lency, jxclude every possible hypothesis be proved, aad 3. chaia of evidence so coniplete as aay reasonable ground for tlie Isistent wifh the innocence of the Imust show fhat ia aU humaa act inust have been done by fhe to GF 3^?T^ ^Jch '<W^TR?T $b^(ch 1^^ 3^cT r^jiqi^q^ ^xfl^^KS, ^<^1<-1^< __.......<?..'r.....A.(p£.-...^.!. .. ^rra^r g^f^-" ••-•••••••".•v^—-7-•"•••—••• ^ 200 ( 3T1^T TT5(^ (1j^P^T) •^°, "^TTW^Tf^TW^T In fhe present case), establish fhe involveiaent of| question. 1st circuinstaace: fha1 Bai used to harass aad Meena bai. 2nd circuinstaiice: injuiies ia fhe house of accused/ appeIlaiit-Satvaaticj. the time of iacident. 3rd circiimstaiice; inake any atteiapt to has been offered by her as mjunes. 1st circumstaace: As far 4 fhe prosecution has reUed fafher of fhe deceased aad deceased. PW-3 Meluraml miarded to SiUu 2 years 17.9.1997, lus brofher-ia-1 Sirgitti, came and mformed bura iajuries and she is i(: along wifh Jhuinuklal wenjt GM&lf<n4tT1 '^TTR^ff ^* ^^t <f^l^j< ^ 3TRFT 37T^[ fhe prosecution has toried to the accused/appeUant in criine ia fhe acczised/appeUaat Satvaiitia to cruelty to fhe deceased su^jected flfiat Meena bai sustaiaed bura fhe accused/appellaat aad the Bai was present in the house at tihjat the accused/appeUaat did not extin^uish tiie fire aad no explaaation h:o how Meena bai sustamed bura ^s fhis circiunstaace is conceiTied, ut)on fhe evidence of PW-3 Meluram, PW-4 Gaaga bai inofher of fhe has stated fhat Meena bai was pjdor to tlie date of iacident. On -l^w Jhuinuklal, who is residiag ia Ihini fhat Meena bai has sustained i(i serious condition, fherefore, he to fhe house of his son-ia-law, GRPRJ XI-HC—78 ^IT^r^FT fq^ TTS?T ^T^T $h^i<^ ^ 3:^T ^fl^l^, ^Tfl'H1!^, {s)^>l^^< ^IINdl (bNlcb <^. ^ 2001 3H^?T ^RT5E (<jcilyiqel) '^iTW^f^T 3??T^T ^. -f_ where, Satvaatm Bai| enquired froin his so^ aad how she sustain^ repMed fhat she has b^ had died. Sillu also s1 Meluram has furfher was burat, they xnust Bai aad Kainla Bai rei Next day nioroiag he ^j his daughter, aad Kaiala Bai were present. He |i-ta-law - SiUu, where is his daughter ;d fhe bum iajuries?, on which, SiUu ?eu adnutted to fhe hospital/where she tated fhat Meena bai set herself on fire. fcafed fhat fhen he asked fheia how she joLave harassed her, on which, Satvraiitm pUed tliat fhey have not done aQ.yfh.ing. mt to fhe hospital and saw fhe body of In para 4 of his iacident in ftie inonfh his house fhen SiUu kerosene oil on her bo|dy, bai as to why she poujred bai replied tiiat SUlu beating to her aiid sh€ poured kerosene oU Satvaatin Bai aad Kanlla she did not say that quarrel wifti her. Ther^ aad cross-examiaed by tiiat Meena bai disclos( "^:... ohl^fd^l'l 'WRff ^,fe^ <Pq^i< '^^ifw^n^r svidence, he has stated tiiat before the >f Baisakh Meena Bai aiid SiUu caine to lisclosed fhat once Meeua Bai poured |iy, on which, he enquired froia Meena kerosene oU her body, fhien Meena )ame after consuiaiag Uquor aad gave could not tolerate fhat, ftierefore, she ()n her body. She also stated fhat Bai used to abuse her at times, but Kainla Bai an.d Satvaiitin Bai used to ?after, fhis witaess was declared hostUe 1 A. G.P. In cross-examination, he stated |d him only to fhe extent fhat Satvaatin ^n^r^r^ich ^iTW^T sFqf^ } \^^ 3^" ^TTZH^-, «>T{iyq<o, fs|<?i>|<y^< ^Wvi{ ^hW^' ^ 2001 3TltW ^RF (4C<^<^) ?^<nw^rf^T ^n^r -<g- Bai aad Kamla Bai ai'e ia ft|Le habit of abusiag her, but fhey are not beating her. PW-4 - Ganga Bai, fhat when she caine to km sustamed biira injuries , fhe house of Sitlu, where prcseut, on enquiring fro|ai sustained bura iajunes, Sf they have not set her on j5|re, fire. After Biardage whenj place, she disclosed fhat h)e tiiey are keepmg her happj} bai caiae to her parents h( tiaie, she disclosed fhat h^i sayiag fhat she is not doii|ig once bofh Sat^aatm Bai a|ad her body sayiag fhat she SiUu gave beatmg to her.| stated fhat fhe fhiags Me^na of Baisakh, were not discl<|)s Froia fhe above evid< pourmg fhe kerosene oilj motlier-m-law, fhe acci^s cr)i<if<rt<fli 'HTR^rf ^ ^S 'tf^H ^ ^fRPT 3TT^r ImLofher of fhe deceased has stated w about ttie fact that Meena bai has he along wifh her husbaad went to Kamla Bai aiid Satyantin Bai were fbLein fhat how Meena Bai has .tvaatin Bai aad Kaaila Bai said fhat ne, Meena bai hersetf has set her on Meena Bai was sent to her ia-laws ?r ui-laws are not harassiag her aad In fhe inonth of Baisakh, Meena use when she was pregnaiit, at fhat niofher-ia-law arid aiuit-ia-law are fhe doniestic works, she said ffciat Kamla Bai poured kerosene oil on not doiag fhe doniestic works aad In fhe cross-exainiaation, she has bai disclosed to her ia the Bionfh sed to fhe poMce by her. mce offhese 2 witaesses, as far as on the body of Meena Bai by her sed/appellaat aad Kainla Bai is ^J^ .007 —30,000. ^T^T^ R'lich ^T<37T^T ^Ht^ .<^ ~5^^ •^1<410^, ^Tfl'M^I^, (s)01<1^< _^__... c^*App.1 ^l^dl ^qf^ •--•"•••-"••"•')f••-••-"••••••"•.-....^ 200^ 3?T^?r xra^ (^cjf^^) ?^T^R Trf^T 3TI^T °>- conceraed, fhere is no direc Meluram has stated that hii fhat once Meena Bai herselfl on which, he enquired froiaj kerosene oil her body then after consuming liquor aad could not tolerate aad poure| PW-4 - Ganga Bai has| her fhat once bofh Satya4tin kerosene oU on her body doxuestic works aad Sillu ^ versions ofbofhfhe witaess cni<if<n<i)vi *ii^<nT ^T fe^t ^^K ^3^H3Tr^r |t evideiice to that efiect PW-3 ~ b son-ia-law SiUu disclosed to him poured kerosene oil on her body, Meena bai as to why she poured pvleena bai repMed fhat SiUu came gave beatiag to her aad fhat she 1 kerosene oil on her body. Moreover, it has cont< used to teU her parents fha^ Meena bai that she is not dd Beyond fhat fhere is i^ accused/appeUaatwas denij harassmg her on aay reaso^ is difficidt to arrive at a coi^ was harassing fhe deceased( discussed earMer, fhere is c{: and fafher of fhe deceased rt stated fhat Meena Bai disclosed to Bai aad Kainla Bai poured saying that she is not doiag fhe {ave beatmg to her, thefefore, fhe ^s are contradictory to each ofher. |.e in fhe evidence fhat Meena Bai fhe accused/appellantwas sayiag jiag fhe doinestic works. \o evidence that in. aiiy inaaner, fhe aiiding dowiy or she was regularly i. Based on fhe above evidence, it clusion fhat fhe accused/appeUaat •Meena Bai. Moreover, as has been )ntradictory evidence of fhe niofher sgardiag harassment. GRP XI-HC—78 3TT^?T ^FT R^W ^sn ^n^r $ti^i<=») k^^^, 'S^ -^ii^i^^, ^TH'yji<o, {s)0W^< ^INdl (b^lcb C<r-Aop, ^\ ^......................^.l.................................•^ 200 3n^9T-qiW (^1^<^) ^^iTW^T3^T - l0- Even PW-3- Mt adinitted ia his eviden^ to his residence, SiUu had poured kerosene <|> froni Meena Bai, fhen drunken condition and her body. This cond4< was hypersensitive dtfiferences ini doiaestit which fh.e victiin beloj differences were no1 circuinstaaced individital The above conduct of possibiUty that Meena] pourmg kerosene oil conceraed, it is not dj bura iajuries iii fhe evidence that the accu^e^ The only circuinstaace, fhat fhe accused/app| extmguish the fire, has stated ia fhe crosls- ct)l^{d4t'1 'WTotf ^fe^ <fa^K ^ 3?tf?F? 3?i?^?r ^luram, fafher of fhe deceased has fhat when Sillu aad Meena Bai cacae |nformed hiai fhat one day, Meena Bai ^U on her body, on which, he enquired Ishe iaformed hun fhat SiUu caine ia a fhat is why, she poured kerosene oil on [ct of Meena Bai shows fhat Meena Bai IQ orduiary petulaace, discord aad life quite common to the society to Lged and such petulance, discord aad expected to iaduce a similarly ia a given society to conumt suicide. |Meena Bai shows tliat fhere was every Bai irdght have conimitted suicide by body. oiilher 2nd & 3rd Circumstaikce : As far as this circiunstaace is ^sputed that Meena Bai sustamed fhe kouse of her ia-laws aad fhere is no ^ed/appellaat poured fhe kerosene oil. which has been led by prosecution is ^Uaiit did uot inade aiiy atteinpt to has been stated by PW-2, but she >-exainiaation fhat Satvantm Bai was whlch XI-HC—78 311^1 ^r^IRT 'c?^TT STT^T^RW A's ,c,. 75£T^l^l^, ^Tflyi^, (ef01<-f^< Ml^dl sbNlcb .fa.'..Ap.^.....?.l, ^ 200 \ 3n^?r'q^^ (^y^?T) ^^R ^f^r ^n^r —11— raisiag cries fhat "savej iajuries. Moreover, boflji have stated fhat on disclosed fhat Meena fhere is no cogent aa^ shows fhat Satyaatin Bai, her daughter-ia-la^ save—"Meena bai has sustaiaed bum fhe rn.ofh.er aad father of fhe deceased ejnquiry, Satvaatm Bai aiid Kainla Bai )ai has set herself on j5re. Moreover, clear circuinstaace ou record/ which Qai was haviag any reason to set Meena on fire. On fhe contrarfr, Meluram- PW-3, fatht disclosed him that Me^ her body, on which, he! poured kerosene oU on| SiUu came after consui^dng fhat she could not tol body. Satvaatin Bai di|d nierely this fact can4ot conclusion fhat Satyaatia her daughter-in-law on Shri D.K. Gwalii appearmg on behalf o Chatterjee, who conduc inaaner, ia which, the deceased establishes cbl^id^i)^ 'HFRff^^^ <^lt$l< ^T 3?Rm 3TI^?T as has coiae ia fhe evidence of ?r of fhe deceased fhat once Sillu |na Bai herself poiired kerosene oU on |enquired froni Meena bai as to why she her body, fhen Meena bai repMed fhat Mquor and gave beating to her and ^rate ao.d poured kerosene oU on her not extmguish fhe fire of Meena Bai; lot raise aa irresistible iaference or Bai had aay reason or motive to set tire. leamed Assistaat PubUc Prosecutor fhe State argued fhat fhe Doctor S. ;1bed fhe postinorteia, has stated that fhe fclotibL was inserted ui tibie xaouth of the fhjat fhe clofh was iaserted by soinebody ^T^T^Tk^ H^T3TR^T 5h^l<=h 'v^ T? L. h^ 3^^T ^ww^, tSixfi'y4i<s, [sj<?l>iy^< . Crr.Ap^. ^-\ ^iN^ti ^Tn^--- •——•-f"»"" •'•••••••—••^ 200 ^ 3ni(?T -q^TO (yclf^^T) else aad it was not possible in her laoufh. This is ffael which is not based on aay person to person aad fhe was prevaUiag ia fhe mind oj| Many tiines it is possible iiioufh ia order to ensure ofthe house, therefore, for eonsidered opiaion fhat th<{ circuiastantial evidence on| fhrough which any irresistil^le the accused/appeUaiit was on fire and fhere is no other Lookiag to fhe totalityj of suicidal attempt caanot b( earUer. As per fhe settled la\|p chi<4t<rt<i1tl iTF^Tf ^* 'ft^t <pi|^K '^stRm^^i Dbr the deceased to iasert fhe clofh personal opiaion of fhe Doctor, s{)und reasoning, It depends upon e^ital faculty of fhe victhn that what fhe victim at fhe time ofmcident fhe victun put a clofh ia her fhe cries should not go outside foregomg reasons, we are of fhe sre is no cogent aad clear legal record, which inay suggest or conclusion caa be arrived fhat jfche person, who set fhe deceased |)ossibiUty. inetital fl|iat fh^t titie on circuinstaatial evidence, tm fhe present case, lookiag to fhe prosecution evidence, irresi^tible conclusion cannot be arrived fhat fhe accused/appeUaat^as fhe auffaor ofthe crime. For fhe foregomg ixnposed upon fhe accused/^ cannot be sustained aad fh^ rea&ons, of fhe circunistaace, a possibility ruled out, as has been discussed on fhe point of resting conviction >, ftie conviction aad sentence d/^ppeUant under Section 302 ofIPC same is Uable to be set aside. GF ~3^ •^l'^lc^l, ^>TH'yJI(o, fs)<7'>l'y^< C<r. 2-1 *<l^dl *^|cb"""""""""""""("^"'" •"•"••""•"•"'^ 200 l 3TT^?r xraZR (4f<^<^) 3;n^T."^T R'11cb 7W3?n^ $b^i<=h sunita '^TOT ^ft^r 3i?i^r /3- Accordiagly, Qie appe^l sentence imposed agaiast fh^ 302 ofIPC are set aside. SN is stated fhat she is ia detdntion fherefore she be set at Uber(y ofher case. Sd/- L.C. Bhadoo Judge CM^<fll iTTR^f "if fe^ <F^'^|< ^r ^fRFr srr^r succeeds aiid fhe conviction aad accused/appellaiit under Section is acqiiitted offhe said charge. It since the date ofjudgnient, forthwifh, if not required ia any Sd/- Sunil Kumar Sinha Judge