INDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal is directed against the judgment of conviction recorded and sentence awarded by the 1st Additional Sessions Judge, Bastar at Jagdalpur in Sessions Trial No.63/1995 on 12-8- 2013 by which accused No.1 (A-1) Indra Kumar and accused No.2 (A-2) Uday Bhan have been convicted and sentenced in the following manner: -

(2.) Brief facts of the case, as unfolded by the prosecution, are as under: -

(3.) In order to bring home the offences, the prosecution examined 18 witnesses and brought 24 documents including Exs.P-12 and P- 16 - FIR and Ex.P-5 postmortem report. Defence of the appellants is that they neither made any demand of dowry nor treated deceased Mamta Jain with cruelty. It is specific case of the defence that deceased Mamta Jain was suffering from acute high blood-pressure for which she was treated at Jagdalpur Hospital from time to time by three doctors and on the date of death also, she suffered acute high blood-pressure for which she was treated by the local doctor and she was immediately taken to the hospital, but on account of haemorrhage, she suffered death and it was a natural death which is supported by the postmortem report Ex.P-5 proved by Dr. M.A.H. Rizvi (PW-7). In the consultancy report of Prof. Heeresh Chandra Ex.D-4A, which has been admitted by the prosecution on 5-11-1993, death of Mamta Jain has been held to be natural death. In the statements recorded under Section 313 of the CrPC, the appellants made statement that they never harassed deceased Mamta Jain by demanding dowry at that point of time and the deceased was suffering from acute high blood-pressure for which she was treated by doctors and document to that effect, by which the prosecution itself has proved, D-2 has been filed.