RASHMI DEWANGAN Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the impugned judgment of conviction and sentence dated 26/03/03 passed by the Sixth Additional Sessions Judge, Durg (C.G.) in sessions trial No. 265/2000, whereby and whereunder, the appellant has been held guilty of commission of offence under Section 306 of Indian Penal Code and sentenced to undergo simple imprisonment of 21/2 years and fine of Rs. 1000/-, in default of payment, three months S.I. The story of the prosecution, as unfolded from the records of the case is that the appellant was married to deceased Anil on 06/06/98. Soon after marriage, there started certain dispute between the husband and the wife and it is alleged that the appellant used to enter into frequent quarrel with her husband and threatened him to implead in a false case. She was not inclined to stay in the matrimonial house and insisted her husband to live separately and also insisted her husband to change his religion or adopt Christianity or Muslim religion. It is further submitted that because of this harassment meted out, the deceased husband Anil committed suicide on 09/10/99 by consuming poison (salfaas). He was taken to hospital but Anil succumbed to death on that very day.

(2.) Learned Trial Court, on the basis of the material collected by the police and submitted in the charge-sheet, framed charges on 31/07/2000 against the appellant alleging commission of offence under Section 306 IPC. The appellant abjured guilt and was put to trial.

(3.) In order to prove its case, the prosecution examined as many as 12 witnesses. The accused was, thereafter, examined under Section 313 of CrPC in respect of the incriminating evidence appearing against her in the evidence led by the prosecution. The appellant denied all the allegations and stated that after the death of her husband, in order to deprive her from the ownership and possession of the shop of her husband, she is being falsely implicated.