JAIPRAKASH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of the Cr.P.C. has been filed against the impugned judgment of conviction and order of sentence dtd. 6/1/2012 passed in Sessions Trial No. 25/2010 by the learned Ist Additional Sessions Judge, Manendragarh, Baikunthpur, District Koriya (C.G.) whereby the learned trial court has convicted appellant No. 1 and 2 herein for the offence punishable under Sec. 304-B and 498-A of the I.P.C. and sentenced each of them under Sec. 304-B to undergo rigorous imprisonment for life, whereas no separate sentence has been awarded under Sec. 498-A of the I.P.C.

(2.) In Sessions Trial No. 25/2010, there were three accused persons including appellants herein. During the pendency of the trial, accused No.3 namely Kailashiya Bai @ Kailash, who was mother- in-law of deceased - Devwati and wife of appellant No. 2, expired and thus, her name was deleted.

(3.) As per the prosecution story, marriage of appellant No.1 Jaiprakash Sahu and Devwati (deceased) was solemnized about 4 years prior to date of incident and there is one issue out of their wedlock. Appellant No.2 Bhandari Ram Sahu is father-in-law of the deceased. On 16/10/2008, deceased Devwati consumed oleander seeds and when she fell ill, she was taken to clinic of Doctor Sharma where during treatment she died. Viscera of the deceased was sent for FSL, Raipur vide Ex.-P/15, wherein glycosides poison was found vide FSL report Ex.-P/17.