SANTOSH KUMAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by the Fifth Additional Sessions Judge, Bilaspur in Sessions Trial No. 24/2011 on 01.10.2011, whereby the Additional Sessions Judge has convicted the appellants under Section 304(B) of Indian Penal Code (for short 'IPC') and sentenced each of them to undergo R.I. for 10 years.

(2.) The case of prosecution, in brief, is this, that marriage of appellant No.1 Santosh Kumar Yadav was performed with deceased Madhuri on 17th May, 2010. On 27.7.2010 i.e. within 2 1/2 months of this marriage, she has died unnatural death due to burn injuries. After the inquest procedure, FIR was registered on 15.8.2010 against the appellants on the basis of allegation that they have tortured and treated the deceased with cruelty for demand of dowry. The case was investigated and charge-sheet was filed.

(3.) The trial Court framed charge under Section 304-B of IPC and in alternative under Section 302 of IPC. Appellants abjured their guilt and sought for trial. On completion of evidence of prosecution, appellants denied all the incriminating circumstances against them in their examination under Section 313 of CrPC and produced evidence in defence. After completion of trial, the impugned judgment has been passed and the appellants have been convicted and sentenced as aforementioned.