STATE OF CHHATTISGARH Vs. RAJKUMAR DILIP SINDHI, BILASPUR

JUDGEMENT

(1.) Challenge in this acquittal appeal is to the judgment dated 5-8-1998 passed by the First Additional Sessions Judge, Rajnandgaon (for short "the trial Court") Session Division Rajnandgaon, (CG) in Session Trial No.47 of 1997 wherein the trial Court acquitted the respondents from the charges under Sections 304-B and 306 read with Section 34 of the Indian Penal Code.

(2.) Facts giving rise to the instant appeal is that name of the deceased is Pushpa Bai who was married to respondent No.1 Rajkumar four years back since the date of incident. It is alleged that respondents demanded dowry from the deceased, therefore, she came to her parental house for fulfillment of the demand and some money was given by the complainant side to the respondents twice or thrice. It is alleged that respondents harassed the deceased due to which she committed suicide on 19-6-1995 by consuming poisonous substance namely Sulphas. On the basis of death information given by Dr. R. Bhattacharya, merg intimation was registered as per Ex.P/16 and the matter was enquired. After enquiry first information report was registered and the statements of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (for short "the Code") were recorded. After investigation, charge sheet was filed against the respondents. The respondents pleaded innocence and thereafter the trial was conducted. After examination of the witnesses, statements of the respondents were recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondents as aforementioned.

(3.) Learned counsel for the State submits as under:-