BALIT RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred under Sec. 374 (2) of Cr.P.C against the judgment dtd. 22/03/2002 passed in Sessions Trial No. 214/1997 by learned 2nd Additional Sessions Judge, Raigarh, District-Raigarh (C.G.) whereby the Appellant has been convicted under Sec. 304(B) of the IPC and sentenced to undergo RI for 7 years and to pay fine of Rs.500.00, with default stipulation.

(2.) Facts of the case are that the Appellant is the husband of deceased Satyabhama, their marriage was solemnized 2-3 years prior to the date of incident. On 28/9/1997 at around 10:30 AM at the bank of pond near village Amapal, the deceased committed suicide by pouring kerosene oil on her and set herself on fire. Immediately after the incident, the matter was reported by Rohit Kumar Chouhan (PW-1) neighbor of the Appellant. At the time of incident, the Appellant had gone for his work and not present in the village. Inquest proceedings was conducted by the Police vide (Ex.P-3). Postmortem of dead body was conducted by Dr. Lokesh Padgi (PW-6) postmortem report is (Ex. P-6). It has been alleged that after the marriage of the deceased, co-accused Janki Bai (Aunt mother-in-law) and the Appellant treated cruelty with the deceased on account of demand of dowry, due to which, she died in unnatural circumstances within seven years of her marriage. During investigation, a letter was also seized which was written by the Appellant to his wife/deceased. Statement of the witnesses were recorded under Sec. 161 of the Cr.P.C. After completion of investigation, a charge-sheet has been filed before Trial Court and the Trial Court has framed the charges. The prosecution has examined as many as 7 prosecution witnesses. No defence witness has been examined. Statement of the Appellant under Sec. 313 of the Cr.P.C was recorded, wherein he has pleaded his innocence and false implication in the matter. The Appellant has stated that since the deceased was suffering from jaundice, due to which she committed suicide.

(3.) After trial, the Trial Court has convicted and sentenced the Appellant as mentioned in paragraph one of this judgment. Hence, this appeal.