GANESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 27.07.2007 passed by the Additional Sessions Judge, Baloda Bazar, Raipur in Sessions Trial No. 11/2007 convicting the Appellant under Sections 307 and 498-A IPC and sentencing him to undergo rigorous imprisonment for ten years and pay fine of Rs. 500 Under Section 307 and rigorous imprisonment for three years and pay fine of Rs. 500 Under Section 498-A IPC, plus default stipulations.

(2.) Case of the prosecution in brief is that on 18.10.2006 at about 7.40 p.m. FIR Ex. P-1 was lodged by Laxmibai Dewangan (PW-2) alleging that on that day at about 4.30 a.m. accused/Appellant burnt her sister Durga Bai (PW-1). It is alleged that marriage of her sister Durga Bai was solemnized with the accused/Appellant whereas her marriage was solemnized with his brother. It is also alleged that her sister was subjected to cruelty by the accused/Appellant. According to her on the date of incident i.e. 17.10.2006 the accused/Appellant had brutally beaten her sister and she was not even given food. According to her in the morning at about 4.30 a.m. when after hearing the cries of her sister she went to her room, she saw that her sister was burning and the accused/Appellant was standing there having match box in his hand and the lamp was also lying there. It is alleged that she and her husband had extinguished the fire by pouring water. After investigation, the challan was filed by the police on 10.12.2006 under Sections 498-A and 307/34 IPC against the present Appellant, his mother and father and they were tried accordingly.

(3.) So as to hold the accused persons guilty, prosecution has examined as many as 13 witnesses in support of its case. Statements of the accused persons 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 Bhanuram Sahu (DW-1) and Tejram (DW-2) have been examined by the defence in support of its case.