RAJKUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 5.12.2002 passed by the Additional Sessions Judge, Korba in Sessions Trial No.378 of 2000, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that name of the deceased is Urmilabai. The Appellant is husband of the deceased. Their marriage was solemnised in the year 1998. It is alleged that the deceased was tortured by the Appellant and other co-accused persons (acquitted) for the reason that she had not brought sufficient dowry. It is further alleged that the Appellant had demanded a sum of Rs.5,000/- on which cash of Rs.3,000/- and 2 bags of paddy were given to him by his father-in-law. On 22.7.2000, dead body of the deceased was found in a well. Morgue (Ex.P6) was lodged by Nand Kumar (PW7), brother of the Appellant. Inquest proceeding (Ex.P4) was conducted. Post mortem examination over the dead body of the deceased was conducted by Dr. Smt. N.D. Ram (PW9). Post mortem report is Ex.P10. After morgue inquiry, on the basis of the inquiry report, First Information Report (Ex.P8) was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge- sheet was filed against the Appellant and the other co-accused persons (acquitted), namely, Baldau Prasad and Vimlabai, father- in-law and mother-in-law of the deceased, respectively.

(3.) In support of its case, the prosecution examined as many as 13 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant and the co-accused persons denied the guilt and pleaded innocence. 2 witnesses have been examined in defence.