SHAILENDRA KUMHARE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Instant appeal is against the judgment dated 3.12.2011 passed in Sessions Trial No. 02/2011 by the 2nd Additional Sessions Judge, Mahasamund (C.G.) whereby the appellant has been convicted under section 304-B of I.P.C. and sentenced to RI for 10 years and fine off 1000/-, in default of payment of fine to undergo RI for 2 months and further the appellant is convicted under section 498-A of I.P.C. and sentenced to RI for 2 years.

(2.) As per the case of the prosecution, deceased Harshlata was married to the appellant on 10.2.2010. After marriage when she joined her matrimonial home after 10-15 days she was subjected to torture for demand of dowry i.e., demand of T.V., cooler and further demand of amount was made which was informed to the mother of the deceased. Mother of the deceased thereafter went to the place of her daughter at Gariyaband and tried to make mediate and to advise the appellant. However things did not improve and torture for demand of dowry continued. Eventually she suffered bum injury on 2.7.2010 while preparing tea. Thereafter, she died on 9.7.2010. So unnatural death within seven years of marriage took place. During the merg and enquiry investigation was carried out and eventually charge-sheet was filed under section 304-B of I.P.C. against the appellant.

(3.) During the course of trial, appellant abjured his guilt and claimed to be tried. The prosecution on their behalf had primarily relied on the statement of mother of the deceased Shobha Masih P.W. 1, father Hemendra Masih P.W. 2 and the other witnesses i.e., Naib Tehsildar Smt. Poonam Sharma was examined as P.W. 3, SDOP G.L. Patle was examined as P.W. 4, ASI Jugal Kishore was examined as P.W. 5 who recorded the merg diary along with Salanram Thakur P.W. 6 ASI and Jeevanlal Sahu P.W. 7 ASI. The Doctor who conducted the postmortem namely S.K. Bagh was examined as P.W. 9. Primarily on their statements the Trial Court after evaluating the evidence convicted the accused/appellant as aforesaid. Hence this appeal.