SHIVANANDAN MARAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this appeal, the appellant has challenged the legality and propriety of the judgment of conviction and order of sentence dated 18. 5. 2007 passed by the Additional Sessions Judge, Sarangarh, in Sessions Trial No. 136/2005 whereby the learned Additional Sessions Judge after holding the accused/appellant guilty for the offence punishable under Section 306 of the indian Penal Code sentenced him to undergo rigorous imprisonment for 5 years and to pay fine of Rs. 10,000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months.

(2.) THE judgment of conviction is challenged on the ground that without there being any cogent and credible evidence, the trial court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

(3.) CASE of the prosecution, in brief : Son of the appellant namely Kanhaiyalal was married with deceased Sukhmati who was residing with the appellant and other co-accused in her matrimonial house. Accused shivnandan who is father-in-law of the deceased is behaved towards his daughter-in-law was indecent and many times he used to enter in the room of the deceased sukhmati with intent to commit sexual intercourse or to outrage her modesty and used to harass and torture his daughter-in-law. As a result of such harass and torture and indecent behave of the appellant, sukhmati committed suicide on 26. 1. 2005 by consuming insecticide. Merg was registered vide Exs. P/10 and P/11. Investigating Officer left for the scene of Occurrence and after giving notice to the witnesses vide ex. P/1, he prepared inquest (Ex. P/2) over the body of Sukhmati. Dead body of sukhmati was sent for autopsy to Primary health Centre, Sarangarh where autopsy of dead body of Sukhmati was conducted by the team of the doctor vide Ex. P/12a. Dr. M. K. Manhar (PW12) who has conducted autopsy has opined that death was due cardio respiratory arrest as a result of consuming poison. Her viscera were preserved. One packet of insecticide (foret) and soil of the room where she committed suicide were seized vide Ex. P/4. Spot map) Ex. P/5) was prepared. Viscera was seized vide Ex. P/13. On the basis of merg-intimation, FIR. Ex. P/9 was lodged. Viscera were sent for chemical examination vide Ex. P/15.