AJAY KUMAR AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This is an appeal against the judgment dated 28.04.2009, passed in Sessions Case No. 18/2007, by the Court of First Additional Session Judge, Mungeli, District Bilaspur, whereby the appellants have been convicted U/s. 304-B of I.P.C. and have been sentenced to undergo 10 years rigorous imprisonment.

(2.) Brief facts of the prosecution case was that deceased Sheetla Bai was daughter of Suresh Kumar. She was married to appellant No.1, Ajay Kumar on 07.05.2006. Khamhan Ram, the appellant No.2 is the father-in-law and Rukhmani Bai, the appellant No.3 is the mother-in-law of the deceased. It was further case of the prosecution that after the marriage, the deceased Sheetla Bai had visited her matrimonial home for 4-5 times. According to the prosecution, at the time of marriage, father of the Sheetla Bai had given dowry according to his capacity, but after the marriage, the appellants/accused used to torture her on the ground that she has brought less dowry and made demand of cash money of Rs.10,0007-. It was also stated that because of such nonpayment of dowry, the deceased was subjected to cruelty. Before the date of incident on 06.05.2007, the deceased had visited her matrimonial home at Village-Surda and the husband-Ajay, when went to bring her back, the husband abused her and threatened the deceased with dire consequences. On 04.05.2007, the deceased Sheetla Bai went to her matrimonial home and on 06.05.2007, the deceased died at her matrimonial home in unnatural circumstances by burn. The incident was reported by Khamhan Ram to the Police Station - Lormi and after investigation, the offence U/s.304-B was registered and charge sheet was filed.

(3.) During the course of trial, the appellants abjured their guilt and claimed to be tried. It was stated in defence that the deceased Sheetla Bai did not like her husband, Ajay Kumar and used to frequently visit her maternal home and therefore, some difference arose between the husband and wife. As a result Sheetla Bai committed suicide by burn and they have not committed any offence under Section 304-B of IPC.