SANTOSH KUMAR Vs. STATE OF C.G.

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 3/11/2003 passed by the Additional Sessions Judge, Sakti, Dist-Bilaspur, Chhattisgarh in Sessions Trial No.460/2002 whereby, the learned Additional Sessions Judge convicted the appellants and sentenced as under :-

(2.) The prosecution story, in brief, is that the marriage has been solemnized between the appellant Santosh Kumar and deceasedMongara Bai on 1/5/2001 with all hindu rituals. After marriage, Santosh Kumar (husband), Madanlal (father-in-law) and Rameshwari Bai (mother-in-law) of deceased- Mongara were pressurizing for demand of dowry. Apart from that, demand of motorcycle, television, cooler, bed etc were also demanded. Appellant Santosh Kumar again demanded of Rs.20,000.00 to 25,000/- from the father of deceased Mongara, when he refused to give money then after 2-3 days, deceased Mongara committed suicide in the intervening night of 26-27 of August, 2002 and her dead body was found into the well. Merg information was given by Madanlal (father-in-law) of deceased Mograbai to the police of Police Station-Jaijaipur, Dist: Janjgir-Champa (C.G.). Thereafter, the First Information Report was registered by the police. On receiving the said information, police reached the spot and lodged merg intimation. Spot map was prepared as Ex.P-9. Panchnama of dead body was done as Ex-P-7 and thereafter, the dead body of the deceased was sent for postmortem. Invitation card of marriage as Ex.P-3 was also seized. After due investigation, the accused persons were arrested for the offence committed under Sec. 306, 498-A and 304-B of the Indian Penal Code.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 16 witnesses. The statement of the accused/appellants were also recorded under Sec. 313 of the Cr.P.C. in which they denied the circumstances appearing against them and pleaded innocence and false implication in the case.