KHAGENDRA SHARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) During pendency of this appeal, Appellant No.1, Khagendra Sharma died and his appeal has been abated vide order dated 3.4.2018.

(2.) The appeal has been preferred against the judgment dated 4.2.2002 passed by 4th Additional Sessions Judge, Bilaspur in Sessions Trial No.83 of 2001, whereby the Appellants have been convicted and sentenced as under:

(3.) Prosecution case, in brief, is that Appellant No.2 is dever (brother-in-law) of deceased Rina Sharma and Appellant No.3 is her mother-in-law. Marriage between deceased Rina Sharma and Appellant No.1, Khagendra Sharma (dead) was solemnised on 2.6.1996. Allegedly, after the marriage, whenever the deceased visited her maternal house, she told that she was being tortured by her mother-in-law/Appellant No.3 and brother-in-law/Appellant No.2 saying by them that she had brought lesser dowry and they were making demand of a sum of Rs.50,000/- and a chain made of gold. Her husband/Appellant No.1 (dead) was also supporting his brother and mother (Appellants No.2 and 3). Her father Narmada Prasad (PW1) went to her matrimonial house and inculcated her father-in-law Sita Ram Sharma. Her father-in-law assured her father that the same will not be repeated with her. Few days thereafter, on 21.10.2000, her father-in-law went to her father's house and informed that she was admitted in the hospital. Her maternal family members visited her in the hospital and a talk also took place with her. Thereafter, her father made a written complaint (Ex.P9). Thereafter, her dying declaration (Ex.P10) was recorded by Naib-Tahsildar S.S. Dubey (PW8). During the course of treatment, on 28.10.2000, she died in the hospital. Inquest proceeding (Ex.P3) was conducted. Post mortem examination over her dead body was conducted by Dr. A.K. Shukla (PW9). Post mortem report is Ex.P11. On the basis of morgue inquiry, First Information Report (Ex.P13) 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 Appellants. Charges were framed against them.