DILIP KUMAR GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 27/11/1998, passed by the Additional Sessions Judge, Ambikapur, Dist: Sarguja (C.G.) in Sessions Trial No.173/1997, whereby the appellant-accused has been convicted and sentenced as under:- <FRM>JUDGEMENT_19_LAWS(CHH)4_2024_1.html</FRM>

(2.) It is noteworthy that under the decision in question above, the trial court had acquitted the accused of the said offence under Sec. 498-A of IPC and Sec. 304-B of IPC as it was not proved against the appellant.

(3.) The prosecution case in brief is that the appellant-Dilip Kumar Gupta was married to Sunita on 11/05/1995. After the marriage, the appellant herein continuously demanded color TV, VCR, scooter, gold chain and money in the form of dowry, and when the said demand was not fulfilled, the appellant, after consuming liquor used to give physical and mental torture to his wife Sunita. As a result of which, on 04/01/1997, Sunita set her ablaze by pouring kerosene upon her, thereafter, she was taken to the hospital. After examination by Dr. S.P. Vaishya (PW-9), Sunita was found fit to give statement, on which her dying declaration Ex.P-18 was recorded by Executive Magistrate B.C. Ekka (PW-16), in which, she stated that her husband/appellant-Dilip Kumar Gupta used to come in drunken condition and, hence, she set her ablaze. As a result of death of his wife-Sunita within 07 years, merg was registered. The post-mortem of dead body of Sunita(deceased) was conducted. Broken bangles, half-burnt clothes etc. were seized from the spot and the same were sent for chemical examination to FSL. The crime was registered at P.S.-Balrampur vide Ex.P-11 and after completion of investigation, charge sheet was filed.