DWARIKA PRASAD Vs. THE STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.8.2001 passed by the 2nd Additional Sessions Judge, Mahasamund in Sessions Trial No.310 of 2000 convicting and sentencing each of the Appellants as under:

(2.) As per the prosecution case, name of deceased is Kumari Bai. Appellant No.1, Dwarika is her husband. Appellant No.2, Kewal is her Devar (brother-in-law) and Appellant No.3, Besan Bai is her mother-in-law. Marriage between deceased Kumari Bai and Appellant No.1, Dwarika was solemnized in the year 1994. It is alleged that after the marriage, the Appellants started torturing and harassing the deceased for not bringing T.V., Godrej Almirah, fan etc. in dowry. Whenever the deceased came to her maternal home, she told about this. On 22.2.1999, in the morning hours, she got burnt and was brought to Community Health Centre, Mahasamund in burnt condition. There she was medically examined by Dr. N.K. Mandape (PW-8). She was unconscious and had suffered 95% burn injuries. She was not in a position to make a statement. She was advised to be taken to Medical College Hospital, Raipur. She was taken there. On 22.2.1999 at about 3:00 p.m., she died there. Information of her death (Ex.P7) was sent by Dr. G.P. Dewangan of the Medical College Hospital, Raipur to the Station House Officer, Maudahapara, Raipur, on the basis of which unnumbered morgue intimation (Ex.P10) was registered in Police Station Maudahapara, Raipur. Inquest (Ex.P1) was prepared by Tahsildar Ajay Yadav (PW14). Numbered morgue intimation (Ex.P11) was registered at Police Station Mahasamund. Post mortem examination of the dead body was conducted by Dr. Sanjay Kumar Dadu (PW-15). His report is Ex.P16 in which he stated that the scalp hair had smell of kerosene and the death was due to cardio-respiratory failure as a result of burns and its complications. A stove made of brass, burnt pieces of clothes, matchstick, plastic jerry-can were seized from the spot vide Ex.P9. After morgue inquiry, First Information Report (Ex.P13) was registered in Police Station Mahasamund on 9.6.1999. Statements of witnesses were recorded under Section 161 Cr.P.C. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Section 304B of the Indian Penal Code.

(3.) To rope in the Appellants, the prosecution examined as many as 15 witnesses. Statements of the Appellants/accused were also recorded under Section 313 Cr.P.C. in which they denied the circumstances appearing against them, pleaded innocence and false implication. Two witnesses have been examined in their defence.