VIJAY KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The marriage of the deceased and the accused was solemnized in the year 1997 and out of their wedlock 2 issues were also born to them. It is alleged that on 10.05.2003 there was a little dispute between the husband and wife over the medical treatment of their children, and in furtherance of that dispute the appellant is said to have slapped the deceased. This small dispute coupled with slapping made the deceased leave the house. When the deceased did not return home, a search was made and on the next day the body was found floating in the nearby well. The body was first seen floating in the well by Subhdra (PW-9) and Baspati (PW-3) when they had gone to the well for fetching water. Merg (Ex.P-2) was recorded, inquest (Ex.P-4) was drawn by the police in presence of the Panch witnesses and thereafter the dead body was sent for postmortem examination. After completion of investigation charge- sheet was filed against the accused under Sections 306 and 498-A IPC followed by framing of charge under the said sections.

(2.) Learned Court below vide judgment impugned dated 18.01.2005 passed in Sessions Trial No.234/2003 found the charges under these two sections of the Indian Penal Code proved and thus convicted the accused/appellant accordingly imposing the sentence of 3 years RI with fine of Rs.2000/- under Section 306 IPC and one year RI with fine of Rs.1000 under Section 498-A IPC, plus default stipulations.

(3.) Counsel for the accused/appellant submits that the allegation of demand of dowry and resultant abetment to commit suicide is merely an afterthought by the parents of the deceased. He submits that none of the witnesses has stated regarding the sour relation between the accused and the deceased and they lived happy married life all throughout. He submits that even if the entire case of the prosecution is taken in its entirety, no case under Section 306 or 498-A IPC is made out. He submits that barring some dispute on the date of incident over the medical treatment of their children, nothing has come out from the record to establish the case under Section 498-A or 306 IPC. Lastly, it has been argued that in view of the clear cut evidence favouring the accused, the judgment impugned has to be set aside and the accused/appellant should be acquitted of the charges levelled against him.