SARDHARAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 21.01.1999 passed by the Second Additional Sessions Judge, Balodabazar, Session Division Raipur (C.G.) in Sessions Trial No. 406/1997, wherein the trial Court convicted the accused/appellant under Section 304 B of the IPC and sentenced him to undergo R.I. for 10 years and to pay fine of Rs. 2,000/- with default stipulation.

(2.) In the present case, name of the deceased Gouri Bai, who was married with the appellant two years prior to the date of incident. Gouri Bai died on 19.06.1997 at about 6.30 PM, the incident occurs otherwise than under normal circumstance due to burn injury. The matter was investigated by the Police and after investigation, charge sheet was filed, the trial Court framed the charge against the appellant in which the appellant pleaded innocent and thereafter the trial was conducted, after examination of the prosecution witnesses statement of the accused/appellant under section 313 of the Cr.P.C. was recorded. After hearing the parties, the trial Court convicted and sentence the appellant as mentioned above.

(3.) To substantiate the charge prosecution has examined as many as 25 witnesses in their support.