VINOD SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the above criminal appeal and acquittal appeal arise out of the same judgment, they are being disposed of by this common judgment.

(2.) By filing criminal appeal the accused/appellants have challenged the legality and propriety of the judgment of conviction and order of sentence dated 25.9.2012 passed by the Additional Sessions Judge, Kabirdham (Kawardha) in S.T. No.48/2010 by which they have been convicted for the offence punishable under Section 306/34 of the Indian Penal Code (for short 'IPC') and sentenced to undergo RI for 10 years and fine of Rs.2,000/-, in default to undergo additional RI for 1 year. Whereas, in the acquittal appeal the appellant, brother of deceased, has assailed the acquittal of accused/respondents No.2 to 5 of the charges under Sections 304B/34 and 302/34 the IPC.

(3.) Case of the prosecution is that deceased Divya was married to accused/appellant No.1 Vinod Singh on 23.5.2010 and she died on 22.6.2010 in the hospital due to poisoning. Merg Intimation was recorded on 22.6.2010 at 11.50 p.m. after receiving memo (Ex.P-14) from the hospital. On 23.6.2010 a typed report (Ex.P-4) was lodged by PW-3 Bhagwat Singh, father of deceased, alleging in it that her daughter was subjected to cruelty by the accused persons as they were not satisfied with the articles given in the marriage and they were pressurizing the deceased to ask her parents to give them four wheeler. Based on this report, FIR (Ex.P-4A) was registered against the accused persons on 23.6.2010 itself for commission of offence punishable under Section 304B/34 IPC. Inquest on the body of deceased was prepared vide Ex. P-3A on 23.6.2010. Body of deceased was sent for post-mortem examination on 23.6.2010 which was conducted by Dr. Prabhat Chandra Prabhakar (PW-1) vide Ex.P-1 and he noticed two abrasions on right side of abdomen and right wrist respectively. However, the doctor conducting post-mortem examination did not give any definite opinion regarding the cause of death. The doctor had preserved the stomach content in two bottle for the purpose of chemical analysis, but there is no report of chemical examiner on record. During the course of investigation, the prosecution seized three undated suicidal notes (Articles A1, A2 and A3) vide Ex.P-8. These suicide notes along with admitted handwriting of the deceased were sent to the State Examiner who after examination gave report, according to which the suicide notes were written by the deceased.