MADAN SAHU Vs. STATE OF CHATTISH GARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 26-12-2003 passed by 1st Additional Sessions Judge, Durg in Sessions Trial No. 239/2002. By the impugned judgment, accused/appellant Madan Sahu has been convicted and sentenced in the following manner with direction to run the sentences concurrently:-

(2.) Shri Vivek Sharma, learned counsel for the appellant argued that Pusauram Sahu (PW-1) is brother, Sunahre Sahu (PW-2) is father, Agnibai (PW-3) is mother of the deceased. They are interested witnesses. The independent witnesses did not support the case of the prosecution. The prosecution failed to prove that the deceased was subjected to cruelty or harassment by the appellant in connection with any demand of dowry. The provision of Section 113A of the Evidence Act is not applicable in this case. The prosecution has not established that prior to the death of the deceased, she had been either subjected to cruelty or harassment. Evidence in this respect is wholly insufficient to convict the appellant, therefore, the appellant deserves to be acquitted of the charges framed against him.

(3.) On the other hand, Shri Sandeep Yadav, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded to the appellant do not warrant any interference by this Court.