LAWS(CHH)-2018-1-5

VISHNU RAM Vs. STATE OF CHHATTISGARH

Decided On January 11, 2018
VISHNU RAM Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 27.8.2001 passed in Sessions Trial No.271 of 2000 by the First Additional Sessions Judge, Durg convicting and sentencing the accused/Appellants as under:

(2.) Facts of the case, in brief, are that marriage of deceased Kameshwari was performed in the month of May, 1999 with Appellant No.3, Devendra. Appellants No.1 and 2 are father and mother of Appellant No.3, Appellant No.4 is brother and Appellant No.5 is sister of Appellant No.3. The marriage was arranged between Appellant No.3 and the deceased by Ramnarayan (PW5), Mama (Maternal Uncle) of the deceased. It is alleged that after the marriage, the Appellants, saying that the deceased had not brought anything in dowry, were taunting her and quarreling with her and were also forcing her to leave their house, i.e., her matrimonial house. According to the Hindu Calendar, in the month of Fagun, she left her matrimonial house and came to the house of her maternal uncle Ramnarayan (PW5). On being asked by Ramnarayan, she told him that the Appellants used to taunt her for dowry. She also told that she had been expelled by her husband, therefore, she had come to his house. At that time, Ramnarayan had persuaded the husband of the deceased and sent her back to her matrimonial house. On 16.4.2000, the deceased along with her husband had come to attend a marriage ceremony at Village Chulgahan. At that time, she had told her father Kisanlal (PW1) and mother Parniyabai (PW2) that the Appellants used to taunt her and quarrel with her for dowry. On 19.5.2000, she died due to catching fire in her matrimonial house. She was brought to the hospital in dead condition. The matter was reported to police. Unnumbered Morgue Intimation (Ex.P7) was registered. Inquest (Ex.P2, P2A) was prepared by S.R. Mandavi, Naib-Tahsildar (PW6) on 20.5.2000. Post mortem examination was conducted by Dr. A.K. Mishra (PW10) on 20.5.2000 itself. His report is Ex.P19 in which he opined that the mode of death was shock due to extensive (90%) ante mortem burns. Numbered Morgue Intimation (Ex.P8) was registered in Police Station Ranchirai on 30.5.2000. After morgue inquiry, First Information Report (Ex.P9) was registered on 27.6.2000. 1 plastic container bearing smell of kerosene and 1 match-box filled with match-sticks were seized vide Ex.P3. On completion of the investigation, a charge-sheet was filed against the accused/Appellants for offences punishable under Sections 498A and 304B of the Indian Penal Code. Charges were framed against them under Sections 498A , 304B of the Indian Penal Code. In the alternative, charge was framed under Section 302 of the Indian Penal Code. Again, in the alternative, charge was framed under Section 306 of the Indian Penal Code.

(3.) To rope in the accused/Appellants, the prosecution examined as many as 10 witnesses. Statements of the accused/Appellants were also recorded under Section 313 Cr.P.C. in which they denied the circumstances appearing against them, pleaded innocence and false implication. No witness has been examined in their defence.