STATE OF CHHATTISGARH Vs. CHAITRAM

JUDGEMENT

(1.) This is an acquittal appeal preferred by the State challenging the impugned judgment dtd. 31/1/2004 passed in Session Trial No. 360 of 2003 by the by the Third Additional Session Judge, Bilaspur, Chhattisgarh, whereby the Court below has acquitted the respondent of the offence under Sec. 304 (B), 304 (B)/34 and 304(B)/34 of IPC.

(2.) As per prosecution case, on 13/7/2003, a written report (Ex.P/12) was lodged by the Ushabai Kachhi Patel (PW-1) alleging in it that her daughter Shanta Bai got married with appellant No. 2 Shiv Kumar on 16/5/2003. On 16/18/6/2003 On account of demand of dowry, Shanta Bai stayed in her maternal house and did not want to return to her in-laws' house. On 3/7/2003, when Shiv Kumar (respondent No.2 herein) visited her home and refused to take back to his home if the demand raised by hims is not fulfilled. Upon which, mother of Shanta Bai persuaded her son-in-law and bid farewell. Thereafter, she was subjected to physical and mental torture for not brining sufficient dowry. On 11/7/2003, on account of distress by harassment met by her husband and in-laws, Shanta Bai set herself on fire. Upon information, parents of the deceased Shanta Bai rushed the village Sarvan Deori and saw her burning dead body. Matter was reported to the Police Station, Ratanpur by the accused Shivkumar. Merg was recorded on the basis of written report by Shivkumar vide Ex.P.18. Inquest was done vide Ex.P.2. After inquest, dead body was sent for post-mortem, which was conducted by Dr. N.K.Samdaria (P.W.6) and Dr. Stella Tudu (P.W.7), who opined that death was due to shock as a result of extensive superficial and burn injuries found on her body were antemortem and grievous in nature. F.I.R. was lodged vide Ex.P.12. Vide arrest memo Ex.P.13 to Ex.P.15, accused persons were arrested.

(3.) After completion of investigation challan was filed before the Court of Chief Judicial Magistrate, Bilaspur against the accused persons under Sec. 304 (B) of IPC. After commital of the case to the Sessions Court, the trial Court has framed charges against the respondents/accused persons under Sec. 304 (B) of IPC.