SHAILENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is the legality and propriety of the judgment of conviction and order of sentence dated 3.8.2007 passed by the First Additional Sessions Judge, Bilaspur, in Sessions Trial No.21/2007 whereby and whereunder learned First Additional Sessions Judge after holding the appellants guilty for the offence punishable under Section 304B of the Indian Penal Code for commission of dowry death sentenced them to undergo rigorous imprisonment for 10 years.

(2.) Judgment of conviction and order of sentence is challenged on the ground that without there being any evidence of torture and cruelty soon before the death of the deceased, learned Court below has convicted and sentenced the appellants as aforementioned and thereby committed illegality.

(3.) Case of the prosecution, in brief, is that deceased Neera Tiwari was married to appellant No.1 Shailendra Kumar and appellants No.2 and 3 are father-in-law and mother-in-law of the deceased. Marriage between the deceased and appellant No.1 was performed on 30.5.2006 in Ratanpur Mahamaya Temple. She committed suicide in the house of the appellants by pouring kerosene upon her and setting herself on fire on 9.8.2006. Merg intimation was recorded vide Ex.P/9 at the instance of appellant No.2 on 10.8.2006. Father of the deceased also lodged written compliant vide Ex.P/2 in which it has been mentioned that the appellants have demanded dowry, committed cruelty and torture upon her daughter and as a result of such torture and cruelty, she committed suicide. After summoning the witnesses vide Exs. P/1 and P/4, inquest over the dead body was prepared vide Ex.P/3. Plastic container, burn piece of clothes, broken pieces of bangles and match stick were recovered from the spot vide Ex.P/5. Death body was sent for autopsy vide Ex.P/7. Autopsy was conducted by Dr.Vijay Kumar Verma vide Ex.P/6. Smell of kerosene was coming from dead body, burn injuries were found. Brain membrane was congested, carbon particles were present incise brochia and lungs. Burn was ante-mortem and cause of death was shocked as a result of excessive burn and toximiya. Accused were arrested vide Exs.P/8, P/10 and P/11. Spot map was prepared by patwari vide Ex.P/13. F.I.R. was lodged vide Ex.P/16. Investigating officer has also prepared spot map vide Ex.P/17.