JITENDRA KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction and order of sentence dated 19th July 2003 passed in S.T. No. 15/2003 whereby learned Additional Sessions Judge, Khairagarh, District Rajnandgaon has convicted the Appellants under Sections 498-A, 304-B, 302 and 201 of the IPC and Section 4 of the Dowry Prohibition Act and sentenced each of them only under Sections 302 and 201 of the IPC to undergo imprisonment for life and to undergo R.I. for 7 years respectively. However, the Appellants have not been separately sentenced under Sections 304-B & 498-A IPC and Section 4 of the Dowry Prohibition Act, as penalty under Section 302 is higher in comparison to Section 304-B of the IPC.

(2.) Case of the prosecution, in brief, is that deceased Vandana Bhawnani was married with Appellant Jitendra in the year 1998. She was tortured and harassed by her husband, father-in-law Pratap Rai, brother-in-law Rajesh and mother-in-law Pushpa Bai for dowry right after her marriage. On 22-10-2002 at 8.30 pm all the accused persons committed her murder for not bringing dowry from her parental home and thereafter set her dead body on fire after pouring kerosene and took her to the hospital for treatment while she was already dead and tried to project that she committed suicide.

(3.) Merg intimation (Ex.-P/l) was given by Dr. P.S. Parihar (PW-8) through ward boy on 22-10-2002 that deceased Vandana was brought in the hospital with 100% burn injuries in dead condition. After registering merg, PW-10 Rajesh Agrawal performed inquest over the person of the deceased vide Ex.-P/4 and sent the dead body for autopsy to the Government Hospital Khairagarh where Dr. P.S. Parihar (PW-8) and Dr. Seema Jain conducted postmortem on 23-10-2002 and gave their report vide Ex.-P/6. On the same day burnt articles i.e. match box with one stick, broken latch of the door lying on the ground, wet clothes, carbon particles taken out after scratching almirah etc. were seized vide Ex.-P/9.