MANOJ Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is heard through Video Conferencing.

(2.) This appeal arises out of the judgment of conviction and order of sentence dated 13.04.2011 passed by the First Additional Sessions Judge, Mahasamund (C.G.) in Sessions Case No. 48 of 2010, whereby the Appellant stands convicted and sentenced as under:-

(3.) The brief facts of the case are that the marriage between deceased Kavita Mehar and appellant Manoj was solemnized prior to four years of her death. The allegation against present appellant Manoj and co-accused Kaliram (father of Manoj) is that they were suspecting the character of deceased Kavita Mehar, they used to harass the deceased over domestic matter and the present appellant used to beat her. Both appellant and co-accused told the deceased to go from their house and die. Due to this reason, on 03.05.2010, deceased Kavita Mehar committed suicide by hanging herself. Further allegation against the present appellant and co-accused is that because of the abetment committed by them, the deceased committed suicide. Merg was registered on 03.05.2010 at about 15:15 hours vide Ex.- P/1. After inquest (Ex.-P/3) was prepared, the dead body of the deceased was sent for postmortem examination to Community Health Center, Pithora vide Ex.-8/A, where the postmortem was conducted by PW-6 Dr. Smt. Taara Agrawal and gave her report Ex.-P/8. As per postmortem report (Ex.-P/8), Doctor PW-6 opined that cause of death of the deceased was asphyxia due to hanging. Duration of death was within 12-24 hours and death seems to be suicidal in nature.