UMESH GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant would call in question the legality, validity and propriety of the judgment of conviction and order of sentence dated 04.12.2010 passed by Sessions Judge, Sessions Division, Jashpur, C.G. in Sessions Trial No.92/2009, whereby the appellant stands convicted for the offence under Section 4 of Dowry Prohibition Act, 1961 and sentenced to undergo R.I. for one year and fine of Rs.1,000/-, in default of payment of fine to undergo additional R.I. for two months.

(2.) Case of the prosecution in brief is that deceased Santoshi Gupta was married with Umesh Gupta on 17.04.2009. After marriage, the accused/appellant demanded Rs.2 lakhs from deceased's father Durga Prasad Gupta by saying that if the demand of Rs.2 lakhs is not met, he would leave Santoshi and marry another woman. On 19.06.2009, Santoshi died due to burn injuries in her matrimonial home. Written complaint Ex.P-1 was lodged by father of the deceased on 23.06.2009 and thereafter, FIR Ex.P-8 was lodged by Sub-Inspector Prahlad Rathore in police outpost Dokhra, Jashpur, which was registered at 0/09. Spot Map Ex.P-2 was prepared by IO. As per Ex. P-3, burnt clothes of deceased, one plastic container having 100 gm petrol, matchstick etc. were seized from the house of Umesh Gupta. As per Ex.P-7, dying declaration of deceased was recorded by DW-1 R.N. Pandey, Tehsildar. PM report Ex.P-10 was prepared by PW-5 Dr. S.po where he found the cause of death as Neurogenic shock due to about 95% dermo-epidermal burns and nature of death is uncertain. Viscera of deceased was preserved as per Ex.P-11. After due investigation, charge sheet was filed against the accused persons namely Umesh, Birju and Seema under Section 304B read with 34 of IPC. The trial Court framed the charges under Sections 304B alternatively 306 and 498A of IPC against the accused persons which were denied by them and they prayed for trial.

(3.) So as to hold the accused persons guilty, the prosecution examined as many as 9 witnesses i.e. PW-1 Durga Prasad Gupta, PW-2 Dr. Smt. Usha Lakda, PW-3 Prahlad Rathore, PW-4 Hiramani Sidar, PW-5 Dr. S. po, PW-6 Narayan Prasad Gupta, PW-7 Panduram Bhagat, PW-8 Ku. Neha Pandey and PW-9 Jivendra Lakda. Statements of the accused persons were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined only one witness i.e. DW-1 R.N. Pandey.