TILAK RAM VERMA Vs. STATE OF C.G

JUDGEMENT

(1.) This appeal arises out of the impugned judgment of conviction and order of sentence dated 05.07.2001 passed by learned Second Additional Sessions Judge Baloda Bazar, District Raipur in sessions Trial No. 314/2000 whereby and whereunder, learned Second Additional Sessions Judge convicted the appellants under Section 304-B of the IPC and sentenced them to undergo R.I. for 10 years and pay fine of Rs. 1,000/-, plus default stipulation.

(2.) Brief facts of the case are that on 06.05.2000 deceased Geeta Bai @ Pramila Bail got married to one Tilak Ram Verma (Appellant No.1). Appellant No. 2 is mother-in-law of the deceased. The allegation against both the appellants is that they tortured the deceased both physically and mentally due to which on 04.07.2000 she committed suicide by consuming poison. Thereafter, Merg Intimation (Ex. P-11) was registered on the basis of intimation of hospital. Intimation given to the punches through Ex P-9 and inquest on the body of deceased was prepared vide (Ex. P-10) and deady body was sent for postmortem to P.H.C. Kharara where Dr. M. Samuel (PW-4) conducted autopsy vide (EXP-3) The autopsy surgeon opined that the cause of death was asphyxia due to suspected pressing. Dowry articles seized from Tulai Ram and seizure memo (Ex. P-2) was prepared. FIR was registered against the appellants under Sections 304(B), 34 of the IPC. After completion of investigation charge-sheet was filed and charge was framed under Section 304-B of the IPC against the appellants.

(3.) So as to hold the accused/appellants guilty, the prosecution has examined as many as 14 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the charges leveled against them and pleaded innocence and false implication in the case and also examined 3 witnesses in their defence.