ROHIT KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these appeals arise out of the judgment of conviction and order of sentence dtd. 22/11/2008 passed by II Additional Sessions Judge, FTC, Mungeli, Distt. Bilaspur in ST Nos.9/2007 and 17/2007, they are being disposed of by this common judgment. By the impugned judgment, each of the appellants stands convicted under Sec. 304B of IPC and sentenced to undergo RI for seven years.

(2.) Case of the prosecution, in brief, is that marriage of Sukhmani Bai was solemnized with accused Harekrishna Satnami around four years prior to the date of incident. On 29/9/2006 she suffered 60% burn injuries at her matrimonial house and was admitted to Community Health Centre, Lormi. After receipt of information from the doctor, her dying declaration was recorded. However, she was referred to Chhattisgarh Institute of Medical Sciences (CIMS), Bilaspur where during the course of treatment she died on 4/10/2006. During merg inquiry it revealed that the accused persons used to torture and harass her for bringing motorcycle and cash of Rs.40,000.00 from her parental house as dowry as a result of which either she immolated herself or was burnt to death by the accused persons. After conducting postmortem of the deceased, preparing spot map, effecting seizure of burnt clothes of the deceased and recording statements of the witnesses, charge sheet under Sec. 304B/34 of IPC was filed against the accused followed by framing of charge accordingly by learned trial court which was abjured by them and they prayed for trial.

(3.) In order to substantiate its case the prosecution examined 14 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.