VIMAL SEN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CAV Judgment Challenge in this appeal is to the legality and validity of the judgment of conviction and order of sentence dtd. 19/6/2007 passed by the 10th Additional Sessions Judge (FTC), Durg in ST No. 251/2002 whereby each of the appellants stands convicted and sentenced as under:

(2.) Case of the prosecution, in brief, is that marriage of accused/appellant Vikas Kumar Sen was solemnized with Sunita (deceased) on 13/11/2000. At the time of marriage itself the accused persons demanded motorcycle in dowry, on which the complainant Shambhu Kumar Rajnidas (brother of the deceased) and her father assured them of giving motorcycle. However, after marriage the accused persons started harassing and torturing the deceased physically as well as mentally for not bringing motorcycle in dowry and killed her on 24/6/2001. Even despite request of the complainant for preserving the dead body, the accused persons without informing the police performed her funeral on 24/6/2001 itself. On oral report being lodged by the complainant on 12/10/2001, the police registered the FIR under Ss. 304B/34 and 201 of IPC against the accused persons and after completion of investigation, charge sheet under Ss. 304B, 201/34 and 498A of IPC was filed against them. Learned trial Court framed charges under Ss. 304B and 201 of IPC against the accused persons, which were abjured by them and they prayed for trial.

(3.) In order to substantiate its case the prosecution examined 12 witnesses. Statements of the accused were recorded under Sec. 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined three witnesses.