NANKU RAM CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this criminal appeal, the accused/appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 12.6.2012 passed by the Sessions Judge, Raigarh in S.T. No.41/2011 by which he has been convicted for the offence punishable under Section 498A and 304B of the Indian Penal Code (for short 'IPC') and sentenced to undergo RI for 3 years and fine of Rs.3,000/- and RI for 12 years and fine of Rs.10,000/-, with default stipulations, respectively.

(2.) In the present case name of deceased is Lalita, wife of accused/appellant.

(3.) Case of the prosecution is that the deceased was married to accused/appellant on 20.6.2010 and on 26.11.2010 her dead body in two pieces was recovered from the railway track between Jharadih and Kharsiya. Un-numbered merg (Ex.P-4) was recorded on 26.11.2010 and after that numbered Merg (Ex.P-8) was recorded on 27.11.2010. Undated written report (Ex.P-10) was lodged Sakhiram(PW-17), father of deceased, alleging that her daughter was subjected to cruelty by the accused/appellant and his parents because of non-compliance of their demand. Un-numbered FIR (Ex.P-6) was registered in the Police Outpost Kharsiya and on 29.11.2010 numbered FIR (Ex.P-7) was registered against the accused persons for commission of offence punishable under Section 304B IPC. In the meanwhile, Inquest on the body was prepared vide Ex.P-2 on 26.11.2010. Body of the deceased was sent for post- mortem examination which was conducted by Dr. Sajan Kumar Agrawal (PW-9) vide Ex.P-11 and he found the following injuries on the body of the deceased:-