SANTOSHDHARI Vs. STATE OF C.G.

JUDGEMENT

(1.) THE Appellant who is husband of deceased Prema Bai has challenged the legality and propriety of the judgment of conviction and order of sentence dated 29.6.2005 passed by the Additional Sessions Judge, Korba, in Sessions Trial No. 1/2004 whereby and whereunder the learned Additional Sessions Judge after holding the Appellant guilty for the offence punishable under Sections 498A and 304B of the Indian Penal Code sentenced him to undergo rigorous imprisonment for 2 years and to pay a fine of Rs. 3000/-, in default of payment of fine to further undergo rigorous imprisonment for 6 months and rigorous imprisonment for 7 years.

(2.) JUDGMENT of conviction and order of sentence is challenged on the ground that without there being an iota of evidence relating to commission of cruelty and torture in connection with demand of dowry soon before death of Prema Bai, the Court below has convicted and sentenced the Appellant as aforementioned and thereby committed an illegality.

(3.) AFTER recording the statements of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (in short 'Code') and after completion of investigation, one charge sheet was filed before the Chief Judicial Magistrate, Katghora who in turn committed the case to the Court of Sessions, Bilaspur from where learned Additional Sessions Judge, Korba received the same on transfer for trial.