KULESHWAR RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 25.9.2009 passed by Additional Sessions Judge (FTC), Balod, Session Division Durg (CG) in Session Trial No.37/2008 wherein the said Court convicted both the appellants for commission of offence under Section 304B of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of Rs.500/- with default stipulation.

(2.) As per the case of the prosecution, name of the deceased is Menka Bai who was married to appellant Kuleshwar Ram in the year 2005. Appellant No.2 namely Goverdhan Ram is father of appellant No.1 Kuleshwar and thus father-in-law of the deceased. It is alleged that after marriage the deceased used to live in the village Khundani where both the appellants committed cruelty on her due to nonfulfillment of demand of dowry, that is why she died other than normal circumstances. As per the report of Dr.Rakshit Jogi (PW-17), the deceased died due to consumption of poisonous substance on 13.6.2008. The matter was reported and investigated and after completion of trial, both the appellants have been convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under: