DROPATI BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is an appeal against the judgment dated 28.11.2002 passed in Sessions Trial No.313 of 2001 by the Additional Judge to the Court of Additional Sessions Judge, Dhamtari convicting and sentencing the Appellant as under: Conviction Sentence

(2.) Facts of the case, in nutshell, are that marriage of Sunitibai (deceased) was solemnised with Tilakram (PW4) 6 years prior to her death. It is alleged that no child took birth from her even after passing of a period of 6 years from the marriage. The Appellant, who is mother-in-law of deceased Sunitibai, was quarreling and torturing her in this regard. On 9.6.2001 also, in the agricultural field, the Appellant quarreled with the deceased saying that even after treatment, the deceased was unable to give birth to a child. Due to the harassment, the deceased committed suicide by consuming perisulfan insecticide. Morgue intimation (Ex.P5) was lodged by Ganesh (PW5), dever (brother-in-law) of the deceased. Inquest (Ex.P2) was prepared on 10.6.2001. Post mortem examination on the dead body was conducted by Dr. V.K. Pandey (PW7). His report is Ex.P6 in which he opined that it was a suicidal death due to consumption of an insecticide. Viscera was preserved and the same was advised to be sent for chemical examination. On the basis of morgue inquiry, First Information Report (Ex.P7) was registered on 21.6.2001. Viscera and seized clothes of the deceased were sent for chemical examination vide Ex.P8. No FSL report is available on record. Statements of witnesses under Section 161 of the Code of Criminal Procedure were recorded. On completion of the investigation, a charge-sheet was filed against the Appellant for offence punishable under Section 306 of the Indian Penal Code. Charges were framed against her under Sections 306 and 498A of the Indian Penal Code.

(3.) To bring home the offence against the Appellant, the prosecution examined as many as 9 witnesses. The Appellant was also examined under Section 313 of the Code of Criminal Procedure in which she denied the guilt and pleaded innocence. No witness has been examined in her defence.