HARISAGAR KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.01.2009 passed by Second Additional Sessions Judge (FTC), Janjgir- Champa (C.G.) in Session Trial No. 198/2008, wherein the said court convicted the appellant No. 1- Harisagar for commission of offence under Sections 304B & 201 of IPC, 1980 and sentenced to undergo R.I. for 7 years and fine of Rs. 500/- and R.I. for 1 year and fine of Rs. 500/- respectively with further default stipulations. The said court also convicted appellant No. 2- Brahaspat Lal for commission of offence under Section 201 of IPC, 1980 and sentenced to undergo R.I. for 1 year and fine of Rs. 500/- with further default stipulations.

(2.) In the present case, name of the deceased is Laxmin Bai who married with appellant No. 1- Harisagar in the year 2006 and appellant No. 2- Brahaspat Lal is father of the Harisagar and father-in-law of the deceased. It is alleged that the appellants harassed the deceased on account of demand of dowry of motorcycle and fridge. Due to non-fulfillment of the demand, the deceased was subjected to cruelty that is why she died in other than normal circumstances.

(3.) This appeal is preferred on the ground that the evidence adduced by the prosecution was unreliable and there is no cogent evidence against the appellants for commission of offence even then the trial court convicted them.