TARAMUNI PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As these two appeals arise out of the judgment of conviction and order of sentence dated 27-8-2002 passed by the IInd Additional Sessions Judge, Ambikapur District Surguja in S.T. No. 431/2000 convicting the accused/appellant Taramuni in Cri. A. No. 971/2002 under Sections 302, 304 (B) and 498A, I.P.C. and accused/appellant Manoj Kumar in Cri. A. No. 972/2002 under Sections 304(B) and 498A, I.P.C. sentencing accused/appellant Taramuni to undergo imprisonment for life with fine of Rs. 100/-. R.I. for three years with fine of Rs. 100/- and R.I. for seven years with fine of Rs. 100/- respectively, plus default stipulations, they are being disposed of by this common judgment.

(2.) In the present case, name of the deceased is Sumita - wife of accused Manoj Kumar Prajapati in Cri. A. No.972/2002 and daughter-in-law of accused Taramuni Prajapati in Cri. A. No. 971/2002. The marriage of deceased was solemnized with accused/appellant Manoj Kumar in April, 2000 and she died on 22-9-2000 due to drowning in the well. According to the prosecution, on 22-9-2000 there was a quarrel between accused/appellant Taramuni and deceased over stain being found on a bed-sheet and it is said that she pushed deceased into well resulting in her death. Further case of the prosecution is that accused/appellant Taramuni fell into the well but she was rescued by the villagers. After the death of deceased, merg intimation (Ex. P/3) was recorded on 22-9-2000 at 11.00 a.m. at the instance of Manoj Kumar-husband of deceased. On 23-9-2000 a written complaint (Ex. P/7) was made by Gopal Ram Prajapati (PW/8) - uncle of deceased alleging in it that the marriage of deceased was solemnized with accused/appellant Manoj in April, 2000 and they used to demand dowry. It is also alleged that the deceased was subjected to cruelty by the accused persons and he suspected that it is the accused/appellant Taramuni who has pushed the deceased into the well resulting in her death. Based on this report, FIR (Ex. P/8) was registered against accused persons on 23-9-2000 under Sections 498-A, 506 Part-II read with Section 34, I.P.C. In the meanwhile, inquest over the body of deceased was prepared on 22-9-2000 vide Ex. P./10. On same day body of deceased was sent for post-mortem to Govt. Hospital, Wadraf Nagar, where Dr. P.L. Verma (PW/5) conducted autopsy on the body of deceased and gave his report Ex. P/1 opining the cause of death asphyxia due to drowning. After investigation, charge-sheet was filed against the appellant under Sections 302, 506, 498A, I.P.C. The trial Court framed the charges under Sections 498A, 302 and 304(B), I.P.C. against the accused/appellant Taramuni and under Sections 498A and 304(B), I.P.C. against accused/appellant Manoj Kumar.

(3.) So as to hold the accused/appellants guilty, the prosecution examined as many as 14 witnesses. Statements of the accused/appellants were also recorded under Section 313 of Cr. PC. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. This apart, witness namely Gouri Pasad Kushwaha (DW/1) has also been examined by the defence in support of its case.