RAKESH KUMAR AGRAWAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 14.06.2002 passed by learned 2nd Additional Sessions Judge (FTC) Bemetara, District Durg (C.G.) in Sessions Trial No. 419/2001, whereby, the appellant stand convicted and sentenced as under:-

(2.) The brief facts of the case are that the marriage between deceased Shashi Agrawal and Appellant/accused Rakesh Kumar Agrawal was solemnized on 12.02.1997 as per Hindu rituals and customs. Thereafter, she came to cohabit with Appellant at Navgarh, District Durg (C.G.). Deceased Shashi Agrawal had come to her matrimonial home on 12.08.2001 for celebrating Teeja festival at Durg. However, she came back to her matrimonial home on 31.08.2001 and committed suicide on 02.09.2001.

(3.) Appellant/Husband of deceased lodged merg intimation (Ex.P-6) in Police Station Navagarh and thereafter Station House Officer lodged FIR (Ex.P-7) on the basis of merg inquiry against the Appellant, his elder brother Manoj and sister-in-law Mithila, W/o Manoj, for having committed offences under Section 304-B r/w Section 498-A of the Indian Penal Code. During investigation statements of Ganesh Prasad (PW-1), Smt. Kalpana Agrawal (PW-7) and Smt. Shail Agrawal (PW-8) under Section 161 of Cr.P.C. were recorded wherein they have leveled allegations against the Appellant, his brother and sister-in-law that they are demanding dowry and harassing and torturing the deceased. Due to harassment of Appellant, his brother and sister-in-law she was committed suicide on 02.09.2001.