TEEMAN LAL SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Accused and the deceased happened to be husband and wife and their marriage was solemnized about two years prior to the date of incident i.e. 03.11.2000. Allegations made against the accused/appellant as per the merg intimation followed by registration of FIR (Ex.P-12) are that there used to be bickering, skirmishes coupled with occasional beating between the two on account of which deceased Chitrarekha took an extreme step of eliminating herself by hanging. After taking the investigation to a logical end, the charge- sheet was filed against him under Section 306 IPC followed by framing of charge accordingly.

(2.) Learned court below by the judgment under challenge dated 30.05.2001 passed in Sessions Trial No.18/2001 found the accused/appellant guilty under Section 306 IPC with imposition of sentence of rigorous imprisonment for 7 years. Hence this appeal.

(3.) Counsel for the accused/appellant submits that even if the entire case of the prosecution is taken as it is, offence under Section 306 IPC is not made out against the accused/appellant. He submits that the allegations made against the accused/appellant are of general and ominous nature on the basis of which the conviction under Section 306 IPC cannot follow. He further submits that even the parents of the deceased have stated that though they on some occasions visited the matrimonial house of the deceased and stayed there for sufficient period of time yet they did not come across any incident of hurling of abuses and subjection of the deceased to beating at the hands of accused/appellant.