ARUNABH DAVE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 14.2.2003 passed in Sessions Trial No.325 of 2001 by the First Additional Sessions Judge, Raipur convicting and sentencing each of the accused/Appellants as under:

(2.) Facts of the case, in brief, are that marriage between Sunita (deceased) and Appellant No.1 was solemnised on 24.4.1998. Appellant No.3 is mother-in-law of Sunita and Appellant No.2 is Dever (brother-in-law) of Sunita. One child, namely, Anu took birth out of the wedlock of Sunita and Appellant No.1. On 12.8.2000 at about 7:30 p.m., milkman came to the house of Sunita. When door of the house was not opened, he peeped inside the house. He saw that Sunita was hanging inside a room. The matter was informed by Appellant No.3, mother-in-law of Sunita. Morgue inquiry (Ex.P4) was conducted. Inquest (Ex.P6) was prepared. Post mortem examination on the dead body of Sunita was conducted by Dr. Sanjay Kumar Dadu (PW1) on 14.8.2000. His report is Ex.P1 in which he opined that the death was due to asphyxia as a result of hanging. Vide seizure memo (Ex.P5), a suicidal note (Ex.P17) and one ball pen were seized on 13.8.2000. Spot-map (Ex.P7) was prepared. First Information Report (Ex.P3) was registered on 22.8.2000. During investigation, on 26.11.2000, letters (Ex.P18 dated 13.12.1998 and P19 dated 20.7.2000) written by Sunita to her friend Kalpana were seized vide seizure memo Ex.P11. The letters (Ex.P18 and P19) and the suicidal note (Ex.P17) were sent to the State Examiner of Questioned Documents vide Ex.P16. Report of the Examiner is Ex.P21 in which it has been opined that all the three documents were written by one and the same person. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. From those statements and the morgue inquiry (Ex.P4), it was found that after the marriage, Sunita was subjected to physical and mental cruelty for demand of dowry by the accused/Appellants due to which she hanged herself. On completion of the investigation, a charge-sheet was filed against the accused/Appellants for offence punishable under Section 304B, 34 of the Indian Penal Code. Charges were framed against them under Section 304B of the Indian Penal Code.

(3.) To rope in the accused/Appellants, the prosecution examined as many as 11 witnesses. Statements of the accused/Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which a defence was taken that Sunita was already a mental patient and her treatment was going under Psychiatrists from before her marriage and due to depression she committed suicide. She was never subjected to cruelty by them at any point of time. 2 witnesses, namely, Psychiatrist Dr. Ashok Trivedi (DW1) and Psychiatrist Dr. Prakash Narayan Shukla (DW2) have been examined in defence of the accused/Appellants.