GAUTAM KEWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374 (2) of the Cr.P.C is directed against the judgment of conviction and order of sentence dtd. 27/12/2002 passed by the learned Additional Sessions Judge, Dhamtari, (C.G.) in Sessions Trial No. 293/2000, whereby the learned Sessions Judgehas convicted the appellants under Ss. 306 and 498-A of the IPC, however, they were sentenced for rigorous imprisonment for 10 years with fine of Rs.1000.00 each with default stipulation under Sec. 306 of the IPC.

(2.) Case of the prosecution, in brief, is that on or before 29/5/2000, in village Silihidih, Shyamabai (hereinafter 'the Deceased') who was the married wife of accused Gautam and daughter-in-law of Chintaram and Daran and has 2 children, consumed some poisonous substance. After consuming the poison, she was admitted to Masihi Hospital, Dhamtari for treatment, where she died on 29/5/2000, whose Merg intimation was given. In Merg inquiry, it was found that before her death, the accused persons used to harass the Deceased and had left her to her maternal house in connection with which the meeting was held. Distressed and motivated by the torture done to the deceased by the appellants, the deceased committed suicide by drinking poison.

(3.) During the investigation, the death Panchnama of the deceased was prepared. The dead body was sent for postmortem and the report was received. Merg intimation was registered. Before the witnesses, two bottles viscera of the deceased from the hospital was seized. One plastic box containing pesticides was also seized from the field of one Kewat. Spot map was prepared. Subsequently, FIR was registered and statement of Parasram Yadav was recorded. The appellants were arrested. The seized articles during investigation were sent for FSL examination at Sagar.