VINOD KUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 20. 6. 2007 passed by the Additional Sessions Judge, bhathapara, District Raipur (CG) in Sessions trial No. 71 of 2007 whereby and where under learned Additional Sessions judge after holding the appellants guilty for the offence punishable under Sections 498a/34 and 306/34 of the IPC and sentenced rigorous imprisonment for 3 years with fine of rs. 500 in default of payment of the amount, to further undergo rigorous imprisonment for 3 months to each appellants and rigorous imprisonment for 7 years with fine of rs. 500 in default of payment of fine amount, to further undergo rigorous imprisonment for 3 months to each appellants.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without any clinching and credible evidence of cruelty, torture and abatement of suicide court below has convicted and sentenced the appellants and thereby committed an illegality.

(3.) THE brief case of the prosecution-Deceased indranibai was married to appellant no. 1 Vinod Kumar Patel in the year 2006 within 8 months of her marriage she committed suicide in the house of appellants by consuming poison. Marg was reported by melandas vide P2 on 21. 10. 2006. Investigating officer proceeded for spot and after summoning the witnesses vide Ex. P3 prepared inquest of the body of the deceased vide Ex. P4. Dead body was sent for autopsy to the community Health Center, Bhatapara vide ex. P18. Autopsy was condoned by team of two doctors vide Ex. P20 by Dr. Rajendra maheshwari and Dr. D. P. Verma, death was due to asphyxia as a result of consuming poison. Viscera were preserved and was seized vide Ex. P1. Spot map was prepared by P19 Tahsildar and vide Ex. P21a by Sub-Divisional. Officer (Police ). First information report was registered vide Ex. D3. Accused persons were arrested vide P22 to P24. Viscera were sent for chemical analysis vide exs. P25 and P26. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (in short 'the code' ). After completion of the investigation charge sheet was filed before the Judicial-Magistrate First Class, Bhatapara who in turn committed the case to the Court of Sessions, learned Additional Sessions Judge received the case on transfer.