DAULATRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by learned 1st Additional Sessions Judge, Baloda Bazar, District Raipur in Sessions Trial No.164/11 dated 05.09.2012, whereby the appellant has been convicted under Section 306 IPC and sentenced to undergo R.I. for 10 years and to pay fine of Rs. 500/- with usual default stipulation.

(2.) As per the prosecution case, that the deceased namely Mantora, who was married with the appellant 10-12 years back, died on 04.05.2011 by setting herself ablaze. At the time of death the accused and deceased had 5 children. It is the case of the prosecution that after the marriage till one year, the behavior of the appellant was well with the deceased but subsequently, the appellant after consuming liquor started to abuse and assault his wife. The general complaint existed that after the appellant used to consume liquor daily and when it was objected, the appellant was in habit to beat his wife. As such, many times the deceased had to leave her matrimonial house and used to come back to her maternal home where she expressed her desire that she do not want to live with the appellant because of the torture meted out to her. In the year 2011 during the festival of Holi, the deceased was beaten brutally, thereafter, she went to the house of her uncle. Thereafter, the appellant went there, requested & apologized and promised that he will not repeat his activities and took his wife with him. On the date of incident i.e. on 04.05.2011 after consuming liquor, the appellant again abused and assaulted the deceased, consequently, she committed suicide by setting herself ablaze.

(3.) During the course of trial, the appellant abjured the guilt and claimed to be tried. The Trial Court after evaluating the entire evidence and facts convicted the appellant as aforesaid. Hence this appeal.