MANOJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 9. 4. 2003 passed by the Sixth Additional Sessions Judge, raipur in Sessions Trial No. 277/2002, whereby, the appellants have been convicted under section 304b I. P. C. and sentenced to undergo imprisonment of life and to pay a fine of Rs. 5,000, in default of payment of fine to further undergo R. I. for 3 months.

(2.) DECEASED-MADHU Bai was married to appellant No. 1, Manoj Kumar, on 5th of may, 2001. She was residing in her in-laws place. She consumed poison in the intervening night of 9th-10th of March, 2002. Amerg intimation was lodged on 10th of March, 2002. The Investigating Officer reached to the place of occurrence on the same day. He prepared inquest (Ex. P2) on the body of the deceased and sent the dead body for its postmortem to Medical College, Raipur, where the post-mortem examination was conducted by Dr. Ulhas Gonnade (PW11), who prepared his report Ex. P12. The Autopsy surgeon opined that the cause of death was asphyxia on account of poisoning.

(3.) IN further investigation, plain soil and blood stained soil were seized after scratching from the wall of the room of the deceased under Ex. P4. Bedding of the deceased was seized under Ex. P5 and viscera of the deceased was seized under Ex. P9. Clothes of the deceased were also seized. Out of the above seized articles, viscera and bedding of the deceased, containing vomiting, were sent for their chemical examination to f. S. L. , Sagar under Ex. P21 and soil and the clothes were sent for their chemical examination to F. S. L. , Raipur under Ex. P23. The report from the F. S. L, Raipur was received under Ex. P25, according to which, blood stains were not found on the sample of soil, whereas, blood stains were found on the clothes of the deceased. However, no report of viscera could be received from F. S. L. Sagar. Based on such investigation, a First information Report (Ex. P17) was registered against the husband, father-in-law, mother-in-law and jeth and jethani of the deceased.