RAJESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two appeals arise out of common judgment dtd. 29/11/2003 passed by Additional Session Judge Korba, District - Korba in Sessions case No. 268/2003 and therefore both these appeals are heard and decided together. By the impugned judgment dtd. 29/11/2003, the accused Gayatri Bai, Shanti Bai and Chherka Ram have been acquitted from the charges under Ss. 304-B/34 and 306/34 of IPC whereas the accused Rajesh has been acquitted from the charge under Sec. 304 B/34 of IPC whereas he has been convicted for the offence under Sec. 306/34 of IPC and sentenced for R.I. for 3 years with fine of Rs.100.00 in default of payment of fine additional simple imprisonment for 10 days. Against the conviction and sentence of the accused Rajesh Kumar the criminal appeal No. 1343 of 2003 has been filed by accused/appellant Rajesh Kumar. Against the insufficiency of sentence, the State has filed a Criminal appeal No. 216 of 2004 under Sec. 377 of Cr.P.C. for enhancement of sentence imposed upon the accused Rajesh Kumar. Although in the appeal filed by the State they have made acquitted accused persons also as the party respondent but in view of the facts and grounds mentioned in the appeal memo as also the prayer made in the appeal memo, the appeal filed by the State appears to be appeal against insufficiency of sentence and for enhancement of the same against the convicted accused Rajesh Kumar only.

(2.) Brief facts of the case are that deceased Tarkeshwari was married with the accused Rajesh Kumar Banjare on 28/5/1996. At the time of their marriage the accused Rajesh Kumar and his father Chherka Ram were demanding a color television and Rs.10,000.00 cash. After various request made by the father of the deceased as also his relatives and after giving a Black and white television and Rs.5,000.00 cash they proceeded to perform their marriage. After three-four months of their marriage they again started demanding the same and started assaulting Tarkeshwari. In due course of time, she delivered a child and after some time when she conceived second pregnancy, the accused person thrown her out from there house. When she return back to her parents house she informed her parents that her mother-in-law had tried to poured Kerosine upon her and tried to ignite her by match box. Her family members and her relatives got her convinced and sent her again her matrimonial house after delivery of her second child they started residing at Dohripara and the accused Rajesh started working at a gas agency. After some time they deceased Tarkeshwari has committed suicide by hanging in her matrimonial house. The matter was reported to the police. Inquest of the dead- body of the deceased Tarkeshwari Ex.-P/1 was prepared in presence of the witnesses Rajesh Kumar, Laxmi, Ganeshram, Santram and Rajkumari. The body was sent for its postmortem to Government Indiragandhi District Hospital, Korba for its postmortem where Dr. Veena Agrawal (PW-5) and Dr. R.K. Divya (PW-7) have conducted the postmortem of the dead-body of the Tarkeshwari and they gave their postmortem report Ex.P/2 whereby they have not found any external injuries over the body of the deceased Tarkeshwari and opined that the mode of death is asphyxia as a result of antemortem hanging and the nature of death is suicidal. The spot map Ex.P/11 was prepared by the police and Ex.P/3 was prepared by the Patwari. The FIR Ex.P/15 was registered against the accused persons for the offence under Sec. 304 B/34 of IPC. The accused persons were arrested on 2/4/2003. The statement of the witnesses under Sec. 161 of the Cr.P.C. have been recorded and after completion of the investigation charge-sheet was filed before the Chief Judicial magistrate, Korba for the offences under Sec. 304 B/34 of the IPC.

(3.) The trial Court has framed charges against the accused persons for the offences under Sec. 304 B/34 and 306/34 of IPC. The accused persons denied their guilt plead innocence and claimed trial.