SANJAY KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 14-7-2008 passed by First Additional Sessions Judge, Baloda Bazar in ST No. 6/2008 whereby and whereunder he convicted and sentenced the appellant as under :-

(2.) This is admitted by the appellant that his marriage was solemnized with his wife / deceased Sushma last year from the date of accused statement, in the month of June/Jeth.

(3.) In brief the prosecution story is that the appellant is a resident of village Kumhari. On 9-9-2007 at about 7.00 pm the appellant had gone to his agricultural field situated at village Amlidih Khar. After sometime his younger brother Pradeep Pradhan reached there and intimated him that froth is coming from mouth of the deceased. The appellant reached there. When they were taking the deceased to hospital, on the way she died. Appellant gave information to Out Post Gidhauri where merg intimation was lodged. During investigation, it was found that as the appellant was harassing the deceased on account demand of dowry, she committed suicide. After completion of investigation, a charge sheet was filed against the appellant under Sections 498-A and 304-B of the Indian Penal Code (in brevity ' IPC'). The trial Court framed the charges against the appellant under Section 304-B, alternatively, unerr Sections 306 and 498-A of the IPC. After completion of trial, trial Court convicted and sentenced the appellant as aforesaid.