GORE LAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the judgment and order dated 31.07.2008 passed by Additional Sessions Judge (FTC), Bilaspur in Sessions Trial No. 226/2007 convicting the accused/Appellants for the offence under Sections 498-A and 304-B of IPC and sentencing each of them to undergo rigorous imprisonment for two years and to pay fine of Rs. 1,000 Under Section 498-A and to undergo rigorous imprisonment for seven years Under Section 304-B, in default of payment of fine to further undergo rigorous imprisonment for two months. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case are that marriage of the deceased Anita Bai was solemnized with Appellant No. 2, Vinod Kumar in the month of March, 2005. Appellant Nos. 1, Gore Lal and Appellant No. 3, Tulsi Bai are the father-in-law and mother-in-law of the deceased Anita Bai. It is alleged that on 16.07.2007 the deceased consumed some poisonous substance as a result of which she died that day itself. Merg intimation Ex. P-14 was given by Chamra Sahu (PW-4)- the father of the deceased and after preliminary investigation, FIR Ex. P-15 was registered on 01.08.2007 against the accused persons under Sections 498-A and 304-B read with Section 34 of IPC. After completion of investigation, challan was filed on 11.10.2007.

(3.) So as to hold the accused/Appellants guilty, prosecution has examined 15 witnesses in support of its case. Statement 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.