SANT RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 15-2-2001 passed by the Additional Sessions Judge, Balod Distt. Durg, CG in ST No. 279/2000 whereby and whereunder he convicted the appellant for offence punishable under Section 306, of the Indian Penal Code (in brevity 'IPC') and sentenced to undergo RI for 3 years, and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo RI for 1 month.

(2.) This is admitted by the appellant that he was married with his wife- deceased Durga Bai two years prior to her death, 5 6 months prior to 9-2-2001, deceased Durga Bai died.

(3.) In brief the prosecution story is that deceased Durga Bai was residing in village Parsada. On 12-5-2000, P.W. 3 Jeevrakhan came to know that deceased Durga Bai has died due to consuming poisonous substance, she herself stated appellant that she consumed some poisonous substance. P.W. 3 Jeevrakhan intimated police station Balod where merg intimation was lodged. After the inquiry, on 11-6-2000 an FIR was lodged in police station Balod against the appellant. After completing the investigation a charge sheet was filed against him. Trial Court framed charge against him under Section 306 of the IPC. To bring home the charge against him, prosecution examined as many as 12 witnesses. Appellant did not examine any witness in his defence. After conclusion of the trial, trial Court convicted and sentenced him as aforesaid.