PRITAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal has been preferred by the Appellant assailing the judgment dated 22.12.2000 passed by the First Additional Sessions Judge, Mahasamund, in Sessions Trial No. 430 of 1999, whereby the Appellant stands convicted under Sections 498(A) and 304(B) of IPC and sentenced to undergo R.I. for 2 years and to pay fine of Rs.1000/- in default of payment of which, to undergo additional R.I. for 6 months under Section 498(A) of IPC and also to undergo R.I. for 10 years under Section 304(B) of IPC. Both the sentences were directed to run concurrently.

(2.) Brief facts of the case are that on 15.4.1999, a Merg Intimation (Exhibit P-1) was lodged at Police Station Pithoura intimating that the deceased Parmila Bai, wife of the Appellant, is said to have died because of burn injuries and that she was taken to Pithoura Hospital where she was declared dead. Post-mortem report opined that the cause of death was suffocation due to burn and the time elapsed since death was within 12-24 hours. Though the incident was of 15.4.1999, the FIR in this regard was lodged on 28.5.1999, i.e., after about 43 days from the date of incident. In the FIR, total four persons were made accused, i.e., apart from the Appellant who is the husband of the deceased, her father-in-law Sitaram, mother-in-law Hathiyarin Bai and sister-in-law Indroutin Bai i.e. the wife of the elder brother of the Appellant, were made accused and were subjected to trial before the Court of First Additional Sessions Judge, Mahasamund, where the case was registered as Sessions Trial No. 430 of 1999.

(3.) During the course of trial, the prosecution examined as many as 14 witnesses in support of its case. There were no witnesses examined in defence. After conclusion of the trial, vide impugned judgment dated 22.12.2000, the Court below found the Appellant to be guilty of having committed the offence under Section 498(A) as also under Section 304(B) of IPC and sentenced him to undergo the sentence as mentioned in the first paragraph of this judgment. However, while convicting the Appellant for the said offence, the Court below acquitted the other three accused persons, i.e., father-in-law, mother-in-law and sister-in-law of the deceased, from the charges levelled against them.