DEEPAK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment of conviction and sentence dated 9.1.2001 passed by the First Additional Sessions Judge, Bilaspur, in Sessions Trial No. 80 of 1996 convicting the Appellant for the offence under Sections 498 -A and 304 -B of IPC. He has been sentenced to undergo rigorous imprisonment for one year with fine of Rs.1000/ - with default stipulation under Section 498 -A of IPC. Similarly, for the offence under Section 304 -B of IPC he was sentenced to life imprisonment with fine of Rs. 5000/ - with default stipulation.

(2.) Case of the prosecution is that on 5.3.1995 the Appellant had taken the dead body of the deceased, Varsha @ Sadhna to the clinic of Dr. Ramjanm Prasad Verma (PW -2), who, on examination, declared the deceased to be brought dead. The doctor, in turn, gave intimation of death to Police Station, City Kotwali, Bilaspur. Based upon the said intimation, P.S. Baran (PW -5) recorded FIR and in the course took the statement of the brother of the deceased, Tolaram (PW -9) on 5.3.1995. Based upon which, an FIR was lodged for offence under Section 304 -B IPC, Exhibit P - 10.

(3.) The deceased was married to the Appellant on 5.2.1993. In the intervening night of 4th & 5th March, 1995, the deceased is said to have been found hanging from the ceiling fan in her room. The Appellant is stated to have brought her down and took her to the clinic of Dr. Ramjanm Prasad Verma (PW -2) who declared her brought dead. Subsequently, the said witness (PW -2) himself had conducted the post -mortem, Exhibit P -4, on 6.3.1995 at 9:00 am and found the following injuries on the body of the deceased : -