RAJ KUMAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 24/7/2013 passed by Additional Sessions Judge, Durg in Sessions Trial No. 154/2012 convicting the accused/appellant under Sec. 304-B IPC and sentencing him to undergo rigorous imprisonment for eight years.

(2.) Name of the deceased in this case is Dharamsila, wife of the accused/appellant herein. Their marriage was solemnized on 27/6/2007 and out of the wedlock a male child was born. On 27/4/2012 in between 2.30 and 5.30 PM she along with her son committed suicide by hanging from a ceiling fan. Merg Ex. P-9 was recorded on the same day at 8:05 PM on the basis of information given by father of the accused/appellant namely Kanhaiya Lal (PW-9). Spot Panchnama Ex. P-5 was prepared on that very day at about 9.00 PM by the Patwari namely Sushil Kumar Dharmik (PW-8). Dead body was sent to the mortuary where inquest was made vide Ex.P-2 on 29/4/2012 and thereafter postmortem examination was done by Dr. B.N. Dewangan (PW-4) who gave his report Ex. P-6. On 5/5/2012 written report Ex. P-4 was lodged by Mahender Singh (PW-1) - the father of the deceased resident of State of Bihar alleging that two years after marriage, the accused/appellant started harassing her demanding rupees two lakhs and a gold chain. Accused is also alleged to have asked for one acre of land to be recorded in his name in case the demand of cash and gold is not fulfilled. It is alleged that the accused had also threatened the deceased to be killed if there is a failure in fulfilling his demand. The written report also mentions that the accused/appellant made the deceased sleep on the floor saying that in the marriage cot was not given by her father and when this fact was disclosed to her father, he withdrew some amount from ATM and by adding some more from his own pocket gave to the accused at the time of house warming ceremony. Father of the deceased has also alleged that once at the time when he visited the house of the accused, his belt was left there with which he (accused) used to whip his daughter, and it is this tortuous attitude of the accused which drove the deceased to put an end to her life by hanging to a ceiling fan along with her three year old son. After merg inquiry, FIR Ex. P-14 was registered against the accused/appellant on 5/5/2012 under Sec. 304-B IPC. After completion of investigation, charge sheet was filed by the police under said Sec. followed by framing of charge accordingly.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 13 witnesses in support of its case. Statement of the accused/appellant was also recorded under Sec. 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. This apart, two witnesses namely Ramesh Kumar Nandanwar (DW-1) and Anil Verma (DW-2) have also been examined by the defence in support of its case.