DHANANJAI DHANNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal preferred by the accused/appellant under Section 374 (2) of the Code of Criminal Procedure against the judgment impugned dated 04.12.2002 passed by Special Judge/Additional Session Judge, Durg in Sessions Trial No. 25/2001 acquitting him of the charge under Section 304-B, but holding him guilty under Section 306 of the Indian Penal Code and imposing the sentence of three years RI with fine of Rs.1,000/-, plus default stipulation.

(2.) The accused/appellant herein and the deceased namely Basan Bai had entered in marriage in the year 1984-85, but the deceased went to her matrimonial home in the year 1992-93 after observance of Gauna ceremony. During the stay of the deceased with the accused/appellant, certain altercation is stated to have started between the two as the deceased had made an allegation against the accused/appellant regarding his having illicit relations with his sister-in-law Triveni Bai who was also made an accused in this case but subsequently acquitted by the Court below. Deceased also alleged that the accused/appellant was harassing her for the less dowry brought by her at the time of marriage, and also disliked her on account of her ugly complexion. The accused/appellant, allegedly also taunted her for not having proper skill in cooking food. Eventually on 08.11.1999, the deceased suffered 45% burn injuries in her matrimonial home and succumbed to the same while receiving treatment at Sector-9 Hospital Bhilai on 17.11.1999 i.e. after nine days of the incident. Written report (Ex-P/3) to this effect was made by father of the deceased namely Ramadhin (PW-4) against three accused persons i.e. the appellant herein, Rohit Kumar and Triveni Bai (both his brother and sister-in-law) on 25.11.1999. After written report being made FIR (Ex-P/10) was registered against all three under Section 304-B of Indian Penal Code. Victim was shifted to hospital and other investigation related formalities were carried out facilitating to the challan being filed under the same section followed by framing of charge accordingly.

(3.) Learned Court below vide judgment impugned dated 04.12.2002 acquitted all the accused of the charge under Section 304-B IPC. However, the accused/appellant herein has been held guilty under Section 306 IPC and sentenced to undergo three years R.I. with fine of Rs.1,000/-, in default, to further undergo R.I. for three months. Hence this appeal.