DEEPAK RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 18.2.2010 passed by Additional Sessions Judge, Durg in Sessions Trial No. 12/2009. By the impugned judgment, appellant Deepak Rajput has been convicted and sentenced in the following manner and co-accused Pawan Kumar and Smt. Rukmani Bai have been acquitted of the charges framed against them:

(2.) Shri P.K. Verma, learned Senior counsel for the appellant argued that, the prosecution has utterly failed to prove the case against the appellant. Co-accused persons have been acquitted by the trial Court, therefore, on the basis of same set of evidence, the appellant cannot be convicted. The prosecution has failed to prove that the deceased was subjected to cruelty or harassed by the appellant in connection with demand of dowry. It was not shown that any harassment or cruelty was subjected to the deceased, in connection with the demand soon before her death. Learned Senior counsel submitted that any harassment or cruelty would not meet out a case u/s. 304B of the Indian Penal Code. Evidence in this respect is wholly insufficient to convict the appellant u/s. 304B and 498A IPC. The prosecution has utterly failed to establish the ingredients of Sections 304B and 498A IPC against the appellant.

(3.) Shri Anand Verma, learned Panel Lawyer 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.