LABHO RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant under Sec. 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') is directed against the impugned judgment of conviction and order of sentence dtd. 28/11/2002 passed by 3rd Additional Sessions Judge (F.T.C.), Korba, District Korba (C.G.) in Sessions Trial No.335 of 99, whereby the appellant has been convicted under Sec. 306 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.500.00, in default of payment of fine, additional rigorous imprisonment for one month.

(2.) It is an important fact of the case is that co-accused Ramkishun, brother of Labho Ram has been died during trial. Co-accused Smt. Sahodara Bai is the first wife of appellant Labho Ram and co-accused Smt. Maina Bai is the mother of appellant Labho Ram. Under the impugned judgment, Smt. Sahodara Bai and Smt. Meena Bai were acquitted of the offence punishable under Sec. 306 of the IPC by the trial Court.

(3.) Briefly stated facts of the case, are that appellant Labho Ram was married to Smt. Sahodara Bai. Smt. Sahodara Bai had gone to her maternal home and started living there, who did not come even when called then Labho Ram married to Sita Bai (deceased) as per Chudi tradition and brought her to his village Kadamhakhar, Manikpur. After 6-7 months, Smt. Sahodara Bai (first wife of appellant) came back to her matrimonial home and started living with appellant Labho Ram. Thereafter Labho Ram started torturing and assaulting Sita Bai by saying that because Sahodara Bai has come, he will not keep her. Upon such torture, in the intervening night of 11/12/5.1999, Sita Bai committed suicide by hanging herself in her in-laws house. Then, on the information of appellant Labho Ram, Police registered the case and prepared panchnama of dead body of deceased. The dead body was sent for postmortem examination, which was conducted by Dr. B.P. Kanwar (PW-9) and as per postmortem report (Ex.P/7), it was opined that death of Sita Bai could be suicidal. After completion of the investigation, chage-sheet was filed against the appellant.