VISHWANATH SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the instant revision, the applicants have challenged the order dated 3.6.13 passed by the 2nd Additional Sessions Judge, Surguja (CG) in Sessions Trial No.109/12 whereby, the court below had framed charge against all the applicants for the offence punishable under Sections 304-B/34 IPC.

(2.) Case of the prosecution is that deceased Abha Sahu was the wife of applicant No.1 Vishwanath Sahu. Marriage between deceased Abha Sahu and applicant No.1 was solemnized on 27.4.09. Immediately after the marriage, the relationship between the husband and wife got strained on account of demand of dowry being raised by the applicants and his family members and for which the deceased was also harassed. On 5.1.12, applicant No.1 Vishwanath Sahu took deceased Abha Sahu along with their two children on motorcycle from village Uproda Podi to Lakhanpur. En route, it is alleged by the applicant No.1 that they met with an accident on account of which, deceased Abha Sahu received serious injury and initially, she was taken to Primary Health Center, Udaipur from where immediately after the first aid, she was referred to District Hospital and later from the District Hospital, she was referred to Raipur where she was admitted in Ram Krishna Care Hospital and on 7.1.13, the deceased died. However, on postmortem being conducted, the doctor opined that the death of the deceased took place on account of poison. Thereafter, FIR was lodged and after investigation, challan was filed against the the applicants for offence punishable under Section 304-B/34 IPC in Sessions Trial No.109/12.

(3.) Subsequently, vide impugned order dated 3.6.13, the trial court i.e. the court of 2nd Additional Sessions Judge, Ambikapur vide the impugned order has framed the charges against the applicants for offence punishable under Section 304-B/34 IPC.