JITENDRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 5/3/2002 passed by the 1st Additional Sessions Judge, Ambikapur, District Surguja, C.G. in S.T. No.391/1996 convicting the accused/ Rameshwar (dead) under Sec. 306 of the Indian Penal code (for short 'the IPC') and sentencing him to undergo R.I. for 10 years and fine of Rs.1,000.00, in default to undergo additional R.I. for 06 months.

(2.) Case of the prosecution in brief is that on 23/1/1996, at 9:05 pm, merg intimation Ex.P-6 was lodged by the appellant with the police stating therein that his friend Shiv Prasad Kanwar has kept the sister of deceased Kadam Bai as his wife and visits his house frequently and that the sister of the deceased also being known to the appellant used to visit his house. It was further stated that on 21/1/1996 at around 6 pm, the deceased came to his house along with her niece and after taking dinner they slept in the house of the appellant with his wife and other family members whereas the appellant left for his guard duties at 9:00 pm. According to the appellant, when he returned in the morning at 5:00 am, he found the deceased Kadam Bai vomiting and, therefore, he immediately took her to hospital for treatment, however, after examination the Doctor found her dead.

(3.) During merg inquiry, it was found that the appellant had illicit relation with the deceased Kadam Bai and he had kept her as a keep in his house and when the wife of the appellant came to his house, the deceased being aggrieved consumed some poisonous substance and committed suicide.