CHANDRASHEKHAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence, passed by the learned Additional Sessions Judge (Fast Track Court), Mahasamund, District - Mahasamund (C.G.), in Sessions Trial No.06/2014 on 02.06.2015, convicting the appellants for the offence under Section 304-B of the Indian Penal Code and sentencing them to under go R.I. for 7 years.

(2.) The case of the prosecution is this that the marriage of the deceased Janki Bai with the appellant No.1 was performed on 20.05.2013, when the deceased was living in her matrimonial home, she was tortured by the appellants, who are the husband, and in- laws showing dissatisfaction for the dowry given and treated her with cruelty, consequent to which, the deceased committed suicide on 10.07.2013 by hanging herself. Morgue intimation was recorded. Inquest of the body of the deceased was conducted vide Ex.P-2 and postmortem was also conducted vide Ex.P.-7 in which it was reported that death of the deceased was homicidal in nature. After completion of morgue enquiry, FIR Ex.P-15 was lodged and the offence of dowry death was registered against the appellants. Remaining investigation was completed and thereafter the charge- sheet was filed before the concerned Court.

(3.) Appellants were charged with offence under Section 304-B and in alternative under Section 302 of the Indian Penal Code. The appellants denied the charges and prayed for trial. The prosecution examined as many as 12 witnesses on its behalf. On examining the appellants under Section 313, they denied all the incriminating evidence against them and pleaded innocence and false implication. No witness was examined in defence. On completion of trial, judgment has been delivered, in which the appellants stand convicted and sentenced as mentioned aforesaid, whereas they have been acquitted of the charges under Section 302 of the Indian Penal Code.