JAIPRAKASH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 9/6/2011 passed by the Sessions Judge, Jangir, District Janjgir-Champa in Sessions Trial No. 140/2010. by the impugned judgment, the appellants have been convicted and sentenced in the following manner: <FRM>JUDGEMENT_71_LAWS(CHH)4_2024_1.html</FRM>

(2.) As per prosecution case, marriage of appellant No.1 Jaiprakash was solemnized 6 years prior to the date of incident and out of their wedlock, they were having five children, of which three children have died. It is alleged that the parents of the appellant No.1 resided at Jharkand and after retirement they shifted to the village and were residing together. It is the case of prosecution that the in-laws of deceased subjected her to cruelty and ill treated as she gave birth to girl child and they will perform second marriage of their son and she was mentally tortured by the appellant and his parents as a result of which she consumed poison. She was shifted to hospital at Janjgir where she was declared dead. Information was given by the friend of the appellant No.1 to the parents of the deceased that Lata Bai had consumed poison. Post mortem examination was conducted, Spot map was prepared On the basis of Merg intimation Crime No. 17/2010 was registered against the appellants under Sec. 306/34 IPC. Appellants were arrested vide Ex.P-17 to 19 and information was given to the family members. After completion of investigation, charge-sheet was filed against the appellants in the Court of Judicial Magistrate, Janjgir who in turn, committed the case to the court of Session, Janjgir from where it was received on transfer by the Additional Sessions Judge, Janjgir-Champa who conducted the trial and convicted and sentenced the accused/appellants as mentioned above.

(3.) In support of its case, the prosecution has examined as many as 22 witnesses. This apart, one defence witness has also been examined. Learned trial court after appreciation of evidence available on record, convicted and sentenced the appellants as stated above.