MUKESH JANGHEL Vs. STATE OF C.G.

JUDGEMENT

(1.) Assail in the present criminal appeal filed under Sec. 374(2) of the CrPC preferred by the appellant herein is to the legality, validity and correctness of the judgment dtd. 30/1/2018 passed by the Additional Judge, Dongargarh, to the Court of 1st Additional Sessions Judge, Rajnandgaon, District Rajnandgaon, Chhattisgarh, in Sessions Trial No. 18/2016, by which the appellant herein has been convicted for offence under Sec. 302 of the IPC and sentenced thereunder to suffer rigorous imprisonment for life with fine of 5,000/-; in default of Rs. payment of fine amount the appellant has to undergo additional rigorous imprisonment for 1 year.

(2.) In the instant case, earlier the charge against the appellant was framed on 15/7/2016 for offence under Sec. 306 and thereafter, in alternative the charge for offence under Sec. 302 of the IPC was framed on 6/9/2017.

(3.) Factual matrix of the case, in brief, is that between 14/3/2016 and till the morning of 16/3/2016 at about 7:30 am, near the dam situated Village Kumhada tola, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh, the appellant herein by refusing to marry Kumari Roshani Lahre instigated her to commit suicide and thereby she committed suicide and died by drowning.