BUSHAN RAM URAON Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision petition is directed against the judgement dated 14-08-2007 passed by Third Additional Sessions Judge, Ambikapur, Surguja (F.T.C.) in Criminal Appeal No.210 of 2006, by which conviction of the applicant under Section 498-A of the IPC recorded by trial Court was upheld although the sentence was reduced to Rigorous Imprisonment for one year along with fine of Rs.800/- with default stipulation.

(2.) The prosecution case in brief is that complainant Asha Bai (PW-1) is wife of the applicant. They have two sons out of their wedlock. The applicant used to make allegation against the character of Asha Bai (PW-1) and also used to abuse her often. The applicant had driven out his wife Asha Bai (PW-1) from his house about more than a month before the date of incident. A meeting was called in the village to settle the dispute between the applicant and his wife Asha Bai (PW-1). After the settlement of the dispute between them, Asha Bai (PW-1) again came to her matrimonial home on 28-04-2006, the applicant again used abusive words towards Asha Bai (PW-1) and assaulted her. Getting frustrated of the behaviour of applicant, Asha Bai (PW-1) administered some poisonous of substance to her both the sons and she herself attempted to commit suicide by hanging herself. The children of the applicant and Asha Bai (PW-1) died due to poisoning. A morgue enquiry was conducted over the dead bodies of both the children. On the basis of morgue enquiry, FIR against the applicant was lodged on 02-05-2006 by Police Station Udaipur, Surguja registering under Section 498-A of the IPC. After completion of investigation, the applicant was charge sheeted.

(3.) Charge under Section 498-A of the IPC was framed against the applicant. He denied the charge and demanded for trial. The prosecution examined as many as 10 witnesses. On examination under Section 313 of the Cr.P.C., the applicant denied the implicating circumstances in evidence against him. Pleaded innocence and false implication. Two witnesses were examined in defence. The impugned judgement was passed by the trial Court on 14-12- 2006 by which the applicant was convicted under Section 498-A of the IPC and sentenced with RI for two years. This judgement of conviction and order of sentence was challenged before the Sessions Court, District Ambikapur which was heard and decided by Third Additional Sessions Judge (FTC), Ambikapur by maintaining the conviction and modifying the sentence.