CHHABILAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 5.11.2001 passed in Sessions Trial No.279 of 1997 by the First Additional Sessions Judge, Mahasamund convicting and sentencing each of the accused/Appellants as under: <FRM>JUDGEMENT_89_LAWS(CHH)4_2018_1.html</FRM>

(2.) Appellant No.1, Chhabilal died during pendency of this appeal, therefore, his appeal has been abated vide order dated 17.1.2018.

(3.) Facts of the case, in brief, are that marriage between Savitribai (the deceased) and Appellant No.1, Chhabilal was solemnised in the year 1995. At the time of marriage, motorcycle, television, fridge, gold were demanded. In place of motorcycle, cash was given. Fridge and television were not given. After the marriage, making demand for television and fridge, Appellant No.1/husband and Appellant No.2/jethani of Savitribai were harassing Savitribai. On 27.2.1996, Ganeshram, brother of Appellant No.1 informed to Police Station Nawagaon that Savitribai had consumed caustic soda and she had been admitted in a hospital at Jagdishpur. This information was recorded in Rojnamcha Sanha (Ex.P7). On getting intimation, Vashishth (PW6), father of Savitribai and Bharatlal (PW9), brother of Vashishth reached Jagdishpur hospital where Savitribai told them that she was being harassed for demand of dowry at the in-laws' house and both of the Appellants forcefully fed her caustic soda. Vashishth (PW6) kept on getting Savitribai treated. On 27.3.1996, Bharatlal (PW9), uncle of Savitribai submitted a written complaint (Ex.P2) in a social panchayat, which was seized vide Ex.P1. Thereafter, the matter was reported by Vashishth (PW6) vide Dehati Nalishi (Ex.P3) on 24.5.1996. A case under Section 498A of the Indian Penal Code was registered against the Appellants in Police Station Tumgaon vide First Information Report (Ex.P11) on 25.5.1996. Later on, during treatment, on 17.9.1996, Savitribai died at her maternal house. Jagdish Patel (PW10), another uncle of Savitribai lodged intimation (Ex.P6) of death of Savitribai. On the basis of above, First Information Report (Ex.P12) was registered against the Appellants for offence punishable under Section 304B of the Indian Penal Code in Police Station Tumgaon on 25.9.1996. Inquest (Ex.P5) was prepared. Post mortem examination on the dead body was conducted by Dr. A.K.S. Ratre (PW23). He gave his report (Ex.P14) in which he opined that the cause of death was hunger. He further opined that mode of death could not be ascertained. On completion of the investigation, a charge-sheet was filed against the accused/Appellants for offence punishable under Section 304B of the Indian Penal Code. Charges were framed against them under Section 498A of the IPC, in the alternative under Section 498A/34 of the IPC and under Section 304B of the IPC, in the alternative under Section 304B/34 of the IPC.