AJAY KUMAR VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both these cases arise out of a common judgment dated 25-1-2003 passed by First Additional Sessions Judge, Surguja (Ambikapur) in ST No. 191/ 2001, they are being disposed of by this common judgment.

(2.) By the said judgment, the appellant herein has been convicted under Sections 498A and 306/34 of Penal Code and sentenced to undergo RI for 3 years, fine of Rs. 1000.00 and RI for 10 years, fine of Rs. 5000.00 with default stipulations respectively.

(3.) In the present case, name of the deceased is Usha Verma, wife of appellant Ajay Kumar Verma in Cr. A. No. 149/03, their marriage, which is said to be love marriage, was solemnized on 29-6-1993 and out of their wedlock two children, one male and another female, were born. acquit accused Smt. Laxmi Verma is mother-in-law of the deceased whereas another acquit accused Smt. Kiran Sinha is her sister-in-law (Nanand). On 29-4-2001 at the instance of P.W. 1 Vinod Kumar Verma, brother of the deceased, merg intimation Ex.P/1 was recorded. Inquest over the dead body was prepared vide Ex.P/4 on 29-4-2001 and the body was sent for post-mortem which was conducted on 30-4-2001 by P.W. 9 Dr. J. K. Relwani along with Dr. Smt. S.L. Kujur vide Ex.P/8 who opined that the cause of death was asphyxia due to suspected poisoning. However, for confirmation of poison viscera were preserved and sent for bio-chemical analysis and histopathological examination. After merg enquiry, FIR (Ex.P/15) was registered on 5-5-2001 against the appellant Ajay Kumar Verma, acquit accused Smt. Laxmi Verma and Smt. Kiran Sinha for the offence under Sec. 306/34 of IPC. After investigation charge-sheet was filed against the accused persons under Sec. 306/34 of IPC. However, while framing charge, the trial Judge framed charges under Sections 498A and 306/ 34 of Penal Code against the accused persons.