KAPIL BARMAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these appeals filed under Section 374(2) of Cr.P.C. arise out of the judgment of conviction and order of sentence dtd. 13/5/2015 passed by the Second Additional Sessions Judge, Bilaspur, District Bilaspur, C.G. in Sessions Trial No. 72/2014, they are being disposed by this common judgment. By the impugned judgment, the appellants are convicted and sentenced as under:-

(2.) As per the prosecution case, after the marriage of the appellant Kapil Barman with Vinita Barman (deceased) in the year 2011, she was being harassed and ill-treated by the appellants in connection with demand of Rs. 1 lakh, as a result of which she committed suicide by hanging herself on 5/7/2013. On the same day i.e. 5/7/2013, merg intimation (Ex.P-1) was lodged by PW-1 Ramavtar before the police station. After merg inquiry, on 7/10/2013, FIR (Ex.P-10) was registered against the appellants under Sections 304-B read with 34 of IPC. During investigation, inquest was performed over the dead body vide Ex.P-3. Postmortem (Ex.P-12) on the body of the deceased was conducted by PW-12 Dr. Rajendra Maravi who noticed no external or internal injury except the ligature mark over the neck which was antemortem in nature and opined that the cause of death is asphyxia as a result of hanging. Spot maps were prepared vide Exs. P-13 and P-14, certain articles were seized Ex.P-4 and the statements of the witnesses were recorded.

(3.) After completion of usual investigation, charge-sheet was filed against the appellants under Section 304-B read with 34 of IPC. The trial Court framed charge under Section 304-B read with 34 of IPC, in the alternative Section 302 read with 34 of IPC against the appellants, which was denied by them, they pleaded innocence and prayed for trial.