NIRANJAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against judgment dated 26-03-2004 passed by Additional Sessions Judge, Dhamtari in Sessions Trial No.37/2003. By the impugned judgment, accused persons/ appellants Niranjan, Kuleshwar, Punitram and Khorbaharin Bai have been convicted and sentenced under Sections 306 and 498A of the Indian Penal Code in the following manner with direction to run the sentences concurrently:-

(2.) CASE of the prosecution, in brief, is as under-Deceased Smt. Rukhmani Bai was married to appellant Niranjan as per Hindu rights and customs and she was residing with the appellants in their house at Village Chandana for near about 6 months. The appellants were asking her to bring a sum of Rs. 15,000.00 from her maternal house and for that they were abusing her and committing Marpeet with her. She was being treated with cruelty. On account of this, on 13-10-2002, at about 5.50 pm, she consumed poison. She was taken to Community Health Centre, Rajim, where she died during treatment. Intimation was sent to Police Station Magarlod, where Merg Intimation No.32/2002 (Ex.P-18 and 17) was recorded and First Information Report (Ex.P-19) was registered in Police Station Magarlod. Investigating Officer reached Community Health Centre, Rajim, gave notice (Ex.P-1) to Panchas and prepared inquest (Ex.P-2) on the dead body of the deceased. The dead body of the deceased was sent to Community Health Centre, Rajim for post mortem examination vide Ex.P-15. Dr. Gopal Kela (PW-10) and Dr. Smt. Snehlata Homne conducted post mortem examination on the dead body of the deceased and gave report (Ex.P-11), in which they found that the cause of death was cardio respiratory failure caused by insecticide poisoning and nature of the death was suicidal. In further investigation, spot map was prepared by Investigating Officer Sushil Kumar Dubey (PW-20) vide Ex.P-9. Viscera was seized vide Ex.P-11A. Patwari Santuram (PW-22) also prepared spot map vide Ex.P-22. After completion of the investigation, charge sheet was filed against the accused persons/appellants in the Court of Judicial Magistrate, First Class, Dhamtari, who, in turn, committed the case to the Court of Session at Raipur, from where it was received on transfer by Additional Sessions Judge, Dhamtari, who conducted the trial and convicted and sentenced the accused persons/appellants as mentioned above.

(3.) ON the other hand, Shri R. R. Sinha, learned Panel Lawyer for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellants do not warrant any interference by this Court.