SHANKAR LAL SAGAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment dated 2-4-2009 passed by 2nd Additional Sessions Judge (FTC), Korba Dist. Korba (CG) in Session Trial No. 78 of 2006 wherein the said Court has convicted the appellants for the commission of offence under Sections 304-B of IPC and sentenced them to undergo RI for seven years and to pay fine of Rs.5000/- each, with default stipulations for causing dowry death of Smt. Shoba Bai who was married to appellant No.1 Shankar Lal Sagar. Appellant No.2 Darsuram is father of appellant No.1 Shankar Lal and as such he is father-in-law of deceased Smt. Shoba Bai.

(2.) As per version of prosecution, marriage between appellant No.1 Shankar Lal and deceased Shoba Bai took place two years ago from the date of incident i.e., 11-10-2005. Due to burn injuries she died other than normal circumstances within seven years of her marriage. It is alleged that deceased wanted to go to her parental house at the time of Teeja festival but she was not allowed by the appellants. It is further case of the prosecution that she has been subjected to cruelty for demand of dowry by the appellant No.1 Shankarlal and his other relatives. The matter was reported and investigated. After completion of investigation charge sheet was filed, the appellants did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.

(3.) Learned counsel for the appellants would submit as under: