DILRAKHAN TIRKY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Criminal appeal is directed against the judgment of conviction and order of sentenced dtd. 27/6/2007 passed in Session Trial No. 463/2006, thereby the learned 2nd Additional Sessions Judge (F.T.C.), Surajpur, District Surguja (C.G.) has convicted the appellants under Sec. 304-B of IPC and sentenced him to undergo R.I. for 07 years.

(2.) Admitted facts of the case is that in the month of April, 2005 (Jeth-Vaishakh, 2005), the marriage of deceased Fulwati was solemnized with appellant.

(3.) The Prosecution story, in brief, is that the appellant was harassing deceased Fulwati for not bringing motorcycle from her parental house and due to the said harassment, on 4/5/2006, deceased Fulwati consumed poison. Thereafter, she was taken to nearby Govt. Hospital where doctor declared her brought dead. The death of deceased Fulwati was informed by Dr. K.K. Tamrakar (PW-11) to police Station Bishrampur vide Ex.P-6, which was recorded in the form of Merg (Ex.P-7) by Kumar Sai Thakur (PW-12), Sub Inspector. After obtaining the due permission from the Sub Divisional Magistrate and after summoning the panch witnesses vide Ex.P-1, inquest on the body of deceased was prepared vide Ex.P-2 and dead body was sent for postmortem examination to Community Health Center, Bishrampur vide Ex.P-8, where Dr. (Smt.) Snehlata Trikey (PW-15) conducted postmortem examination on the body of deceased and gave her report under Ex.P-8 noticing following injuries/symptoms.