CHANDRAKAR Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) This criminal revision arises out of the judgment dated 27-2-2006 delivered by Shri N.D. Tigala, 9th Additional Sessions Judge, Raipur in Criminal Appeal No. 274/2005 whereby conviction of the applicants under Section 498-A read with Section 34 of the I.P.C. and the sentence of R.I. for six months and a fine of rs. 300/- as awarded by Shri Kartikram, J.M.F.C. Raipur in Criminal Case No. 308/2001 was affirmed.

(2.) It is not disputed that Shakun Chandrakar was married to applicant No. 4-Rajesh Chandrakar on 5-5-2001. Their matrimonial home was at Chuikhadan. The applicant No. 3-Shyama Bai is the motherin-law of Shakun Chandrakar. Applicant No. 2-Mohan Chandrakar is the brother of applicant No. 4-Rajesh Chandrakar and applicant No. 1-Kumari Chandrakar is the wife of applicant No. 2.

(3.) Brief facts are that Shakun Chandrakar lodged F.I.R. on 18-10-2001 in Mahila Police Station that on her wedding night her husband applicant No. 4 mentally tortured her by saying that he did brother's choice. Thereafter, the applicants started harassing Shakun Bai of Chuikhadan on account of demand for money, a golden chain and a vehicle. After facing persistent harassment for a period of one and half months of her matrimonial home at the hands of the applicants. Shakun Bai returned to her maternal home. Thereafter, she again returned after a period of 2-4 days to her matrimonial home. After the Teeja festival she lived with the applicant No. 4 at Ramsagar Para, Raipur where she was persistently harassed by all the applicants on account of demand for dowry. On 15th August her husband, the applicant No. 4. chased her while attempting to assault her by an axe due to which she returned to her maternal home again. On 18-10-2001 at about 9.00 A.M. when she went to her matrimonial home for bringing her sewing machine at Ramsagar Para, Raipur, Mohan, the applicant No. 2 caught hold of her hand and his wife, applicant No. 1, quarrelled with her.