MURLIDHAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In the instant appeal an attack is sought to be made by the accused/appellants to the impugned judgment dated 31-7-2007 passed by Additional Sessions Judge, Sarangarh, District Raigarh in Sessions Trial No. 129/2006 holding them guilty under Sections 306/34 and 498-A of the Indian Penal Code and sentencing to undergo rigorous imprisonment for six years with fine of Rs. 5000 and rigorous imprisonment for 2 years with fine of Rs. 2000, on each count respectively, plus default stipulations.

(2.) Narrowed factual configuration of the case leading to presentation of this appeal is put forth thus. Deceased Dhanmati and appellant No. 1 were husband and wife and their marriage had been solemnized 16-17 years prior to the date of incident i.e. 16-8-2006 and out of their wedlock they were blessed with children also. However, with the passage of time the accused/appellants started meting out cruel treatment against her which culminated in end of her life on 1G-8-2006. On 16-8-2006 deceased Dhanmati - wife of accused/appellant No. 1 committed suicide by pouring kerosene on her body and setting herself afire. Merg intimation (Ex. P-3) was given by one Chitrasen (PW-5) on the same day. Thereafter, FIR (Ex. P-17) was registered on 31-8-2006 and the dead body of the. deceased was sent for post-mortem examination to Primary Health Centre, Baramkela where Dr. J. Choudhary (PW-16) conducted the post-mortem and vide his report (Ex. P-16) opined that cause of death was asphyxia due to 100 per cent burn. After completion of investigation charge-sheet was filed against the accused/appellants.

(3.) So as to hold the accused/appellants guilty, prosecution has examined as many as 22 witnesses. Statement of the accused/appellants was also recorded under Section 313 of the Code of Criminal Procedure in which they have denied the charges levelled against them and pleaded their innocence and false implication in the case.