PREM SAGAR DHRITLAHRE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal is against the judgment of conviction and order of sentence dtd. 14/1/2020 passed by the Sixth Additional Sessions Judge, Bilaspur, in ST No.46/2019 whereby the trial Court sentenced the accused to undergo life imprisonment with fine of Rs.100.00 for the offence under Sec. 302 of the Indian Penal Code (for short 'the IPC'). The trial Court also imposed default sentence in case of failure to pay the fine.

(2.) (i) Case of the prosecution, in brief, is that on 3/11/2018 Neha Dhritlahre (since deceased) was brought by the appellant to the Burn Prem Sagar Dhritlahre v State of Chhattisgarh & Trauma Research Center, Bilaspur, wherein she was admitted up till 10/11/2018. Thereafter, she left against the medical advise. However, subsequently, on the same day, she was hospitalised at CIMS, Bilaspur, at 9.45 pm. Father of the deceased namely; Devanand (PW-3) has made a written complaint (Ex.P/5) at Police Chowki, Malhar, alleging that his daughter was married to the appellant in the year 2016 and there was no issue from such wedlock. After three months of the marriage, the appellant started harassing the deceased for bringing less dowry and demanded motorcycle & household articles. The appellant also used to assault the deceased. On 2-11- 2018 at about 6.00 pm the appellant poured kerosene oil and set her ablaze, as a result of which she sustained burn injuries. The deceased was admitted in Burn & Trauma Research Center, Bilaspur, wherein the deceased had informed that the appellant poured kerosene oil and thereafter, set her ablaze.

(3.) After due investigation, the appellant was charge sheeted before the jurisdictional criminal Court and charge sheet was filed against the appellant under Ss. 302, 304-B and 498-A of the IPC and under Sec. 4 of the Dowry Prohibition Act, 1961. Thereafter, the case was committed to the Court of Sessions from where the learned Sixth Additional Sessions Judge, Bilaspur, received the case on transfer for trial.