TIKAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 19-10-2002 passed by the Second Additional Sessions Judge, Durg, Session Division Durg (C.G.) in Sessions Trial No. 339/2001, wherein the said Court convicted the accused/appellant under Sections 306 and 498 A of the IPC, 1860 and sentenced him to undergo R.I. for 7 years, R.I. for 2 years respectively, for abatement of suicide and cruelty against deceased Mongra Bai, who is wife of the appellant.

(2.) In the present case, name of deceased is Mongra Bai, who was wife of the appellant. The marriage of the appellant and the deceased took place in the year 1999. After the marriage, the appellant harassed the deceased and beat her, that is why she committed suicide by hanging herself. As per version of Dr. S.R. Churendra (PW-5), who conducted autopsy of the deceased, the cause of death is hanging and the duration of death is within 24 hours.

(3.) Bisantin Bai (PW-1) is mother of the deceased. As per version of this witness the appellant assaulted her daughter and he was not liking to her daughter and made certain comments regarding her complexion. Gangaram (PW-2) is father of the deceased, he deposed on the same line that as Basantin Bai (PW-1). From the statements of both the witnesses it is not clear as to what really happened on the date of incident or prior to the date of incident. Statements made by both the witnesses are bald in nature and the same is general statement.