RAJKUMAR PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Merg No.35/2000 (Ex.P-6) registered at the instance of Purshottam (PW-5) - brother-in-law (Jeth) of deceased Kamla Bai reveals that on 21.05.2000 the father of the deceased had brought his daughter (Kamla Bai) to her matrimonial house and on the next day i.e. 22.05.2000 she died by consuming insecticide. During Merg enquiry it was found that the accused/appellants herein (the husband and mother-in-law of the deceased) used to harass her demanding Rs.20,000 as dowry and as the said amount remained unpaid, the deceased was not allowed to visit her maternal home. During Merg enquiry it was also found that the tortuous attitude towards the deceased at the hands of the accused/appellants forced her to end her life by consuming insecticide. Seizure of container of Democron Sypermesrin was made under Ex.P-4, dead body was sent to Community Health Center Pithora for postmortem examination vide report Ex.P-3. Seized articles were sent for chemical examination. After conclusion of Merg enquiry, FIR (Ex. P-8) was registered against the accused/appellants under Section 304-B IPC. On completion of investigation charge sheet was filed against the accused/appellants under the said section and the charge was also framed against them accordingly.

(2.) During trial prosecution examined 18 witnesses in support of its case. One witness namely Dr. Sashikant Dani (DW-1) was also examined by the defence. Learned Court below vide its judgment impugned dated 01.03.2001 passed in Sessions Trial No.309/2001 convicted the accused/appellants under Section 304-B IPC and sentenced them to undergo RI for 7 years each. Hence this appeal.

(3.) Before dealing with the merits of the case this Court feels it proper to take note of the provisions of Section 304-B IPC which is being reproduced as hereunder:-