MAHESH KUMAR GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 8.12.2014 passed by the Sessions Judge, Kabirdham in Sessions Trial No.37 of 2014 convicting and sentencing each of the accused/Appellants as under: Conviction Sentence Under Section 498A read Rigorous Imprisonment for 2 with Section 34 of the Indian years and fine of Rs.1,000/- with Penal Code default stipulation Under Section 304B read Rigorous Imprisonment for 7 with Section 34 of the Indian years and fine of Rs.1,000/- with Penal Code default stipulation

(2.) Facts of the case, in brief, are that Appellant No.1 is husband of deceased Neelu Singh. Appellant No.2 is father-in-law and Appellant No.3 is mother-in-law of the deceased. On 5.6.2014, Neelu Singh was found dead due to hanging herself in her matrimonial house at Village Saraiset within 7 years of her marriage with Appellant No.1. Morgue (Ex.P6) was lodged by Appellant No.1. Inquest (Ex.P2) of the dead body was prepared. Post mortem examination on the dead body was conducted by Dr. Balram Jaiswal (PW8). His report is Ex.P4. As opined by him, cause of death was asphyxia and nature of death was homicidal. During morgue inquiry, statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On the basis of morgue inquiry report, First Information Report (Ex.P9) was registered. On completion of the investigation, a charge-sheet was filed against the accused/Appellants and other acquitted accused Manisha Gond, sister-in-law of the deceased. Charges were framed against all the accused persons under Section 498A read with Section 34 and Section 304B read with Section 34 of the Indian Penal Code.

(3.) To rope in the accused/Appellants, the prosecution examined as many as 13 witnesses. Statements of the accused/Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt. The accused persons examined their 2 neighbours as witnesses in defence, namely, Neerabai (DW1) and Ramesh (DW2).