KAMLESHWAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 12/8/2004 passed by the learned Additional Sessions Judge, Link Court, Ramanujganj, District ' Surguja (C.G.), in S.T. No. 254/2002 whereby, the learned Additional Sessions Judge convicted the appellant and sentenced him as under :- <FRM>JUDGEMENT_60_LAWS(CHH)7_2023_1.html</FRM>

(2.) The prosecution story, in brief, is that on 6/1/2002 at about 9:00 am, in the village and police station -Basantpur, Anarwa Bai died by hanging herself and the same was informed to the police by the brother of the appellant/accused. Then police reached the spot and the father of the deceased also reached the spot. During the course of panchnama of the dead body, the father of the deceased stated to the Investigating Officer that her daughter wanted to live with her husband/appellant but the appellant did not want to cohabit with the deceased, due to such grief, she committed suicide. Thereafter, police lodged FIR and after completion of the investigation charge sheet was filed under Sec. 306 of IPC against the appellant before the Judicial Magistrate First Class, Ramanujganj.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 23 witnesses. The statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case.