DOMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of judgment and order dtd. 30/11/2002 passed by the Special Judge and Additional Sessions Judge, Durg in S.T. No. 30/2001 convicting the accused/appellant under Sec. 306 IPC sentencing him to undergo RI for 3 years with fine of Rs.1,000.00 plus default stipulation.

(2.) As per prosecution case, on 1/5/2000 at about 6.00 am FIR (Ex.P-10) was lodged by father of the deceased Indrani alleging that his daughter has been killed by the applicant and his family members for demand of dowry. It is alleged that the deceased was subjected to cruelty by her in-laws and on the date of incident, i.e. 29/4/2000 he was informed by the appellant and his parents that Indrani was sick and when he reached the village, he saw that her daughter was put on pyre and her body was turned pale and black. He has stated that he was suspecting that her daughter might have been killed after administering some poisonous substance. Based on this, offence was registered against the accused/appellants under Ss. 304-B and 201 IPC. After filing of the charge sheet, trial judge framed charge against the accused/appellants under Ss. 304-B and 201/34 IPC.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 11 witnesses. Statement of the accused/appellants were also recorded under Sec. 313 of the Cr.P.C. in which they denied the charges leveled against them and pleaded their innocence and false implication in the case.