YAVNESH KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.2.2007 passed by the Additional Sessions Judge (FTC) Durg in Sessions Trial No. 203/2002 convicting the appellants under Sections 498A and 304B of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for ten years.

(2.) Case of the prosecution in brief is that marriage of the deceased namely Savita was solemnized with accused/appellant No.1 Yavnesh Kumar Sahu in the month of May 2000. Appellant No.2 Bharosa Ram Sahu. appellant No.3 Basan Bai Sahu and appellant No.4 Sabita Bai are the father-in-law, mother-in-law and sister-in-law of the deceased respectively. On 20.7.2001 deceased Savita died by consuming poison. Merg intimation Ex-. P4 was given by the husband of the deceased and based on the written report made by Khorbahra Ram Sahu-the father of the deceased on 21.7.2001, FIR Ex. PI was registered on that day itself. In the said written report it has been stated by the father of the deceased that his daughter was killed by the accused/appellants for not bringing sufficient dowry. After investigation, challan was filed by the prosecution on 25.10.2001.

(3.) So as to hold the accused/appellants guilty, prosecution has examined as many as 10 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case. This apart, two witnesses namely Bharosha Ram (DW1) and Bhav Singh Sahu (DW2) were examined by the defence in support of its case.