AJAY @ VIJAY @ BABU JAISWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 15.6.2002 passed by 1st Additional Sessions Judge, Ambikapur, District Surguja in Sessions Trial No.427 of 2000, whereby the Appellant has been convicted and sentenced as under: Conviction Sentence Under Section 498A of the Rigorous Imprisonment for Indian Penal Code 3 years and fine of Rs.500/- with default stipulation Under Section 306 of the Rigorous Imprisonment for Indian Penal Code 10 years and fine of Rs.500/- with default stipulation

(2.) Prosecution case, in brief, is that marriage between Shakuntala (the deceased) and the Appellant was solemnised 1 year prior to the incident. At the time of marriage, a sum of Rs.21,000/- was given to the Appellant and some household articles were also given to him. A fixed deposit of Rs.5,000/- was also done in the name of the deceased by her father, whose passbook was with the deceased. The amount and the household articles, which were received by the Appellant at the time of marriage, were spent and used after the marriage. The Appellant was not doing any job. He was also not giving food to the deceased. He used to commit marpeet with the deceased and torture her for bringing money from her maternal house. The amount which was fixed in the name of the deceased at the time of her marriage was also being demanded by the Appellant and he was pressurising her therefor. On 22.4.1998, the deceased hanged herself and committed suicide. Morgue intimation (Ex.P6) was lodged by her father-in-law Sitaram. Post mortem examination was conducted over the dead body of the deceased by Dr. Habib (PW10). Post mortem report is Ex.P5. On the basis of morgue inquiry, First Information Report (Ex.P7) was recorded. During the course of investigation, one hand written letter of the deceased was also seized vide seizure memo (Ex.P3). On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Sections 498A, 304B, 306 of the Indian Penal Code.

(3.) In support of its case, the prosecution examined as many as 12 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. No witness has been examined in defence.