SIDDH GOPAL NAREDI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 4-4-2011 passed by Additional Sessions Judge (Link Court) Dongargarh, District Rajnandgaon in Sessions Trial No. 9/ 2010 convicting the accused/appellants for the offence punishable under Sec. 304-B, IPC and sentencing each of them to undergo R1 for seven years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo RI for three months.

(2.) Name of the deceased in this case is Kirti and the accused/appellant No.1 Siddh Gopal Naredi is her father-in-law whereas accused/appellant Nos. 2 to 4 namely Sonu alias Aatish, Vikky alias Aashish and Smt. Rajkumari Naredi are her husband, brother-in-law and mother-in-law respectively. Marriage of the deceased was solemnized with accused/appellant No.2 namely Sonu alias Aatish on 16-2-2010 at Dongargarh and she died on 24-6-2010 after sustaining burn injuries. Merg intimation Ex. P-10 was given on that day itself by the neighbour of accused/ appellants. On 24-6-2010 itself written report Ex. P-8 was lodged by Vinod Agrawal (PW-11) who happened to be the uncle of the deceased and based thereupon FIR Ex. P-12 was registered against the accused/appellants on that day itself for the offence under Section 304-B/34, IPC. Post-mortem examination on the body of the deceased was conducted on 24-6-2010 itself vide Ex. P-9 wherein cause of death as opined by the doctor was shock due to asphyxia whereas nothing with regard to nature of death has been opined by him. After investigation, charge-sheet was filed by the police on 14-7-2010 under Section 304-B/34, IPC. However, Court below framed the charge under Sections 302/34 and 304-B, IPC against the accused/appellants.

(3.) In support of its case the prosecution has examined 15 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they pleaded their innocence and false implication in the case. This apart, one B. Ekka (DW-1) has also been examined by the defence in support of its case.