NAVEEN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 20.04.2009 passed by the Sessions Judge, Mahasamund (C.G.) in Sessions Trial No. 05/2009, wherein the trial Court convicted the accused/appellants under Sections 304-B and 498-A 34 IPC, and sentenced them to undergo R.I. for 7 year and to pay fine of Rs. 2000 each of the appellants under Section 304-B IPC, RI for 1 year and to pay fine of RS. 500/- each under Section 498-A IPC with default stipulations.

(2.) The genesis of the prosecution case lies in the information regarding death of Kheerbai (hereinafter referred to as deceased) was made by Bhururam (PW-1) in Police Station Basna and on the basis of which merg number 48 of 2008 was recorded under Ex.P-1. The dead body of deceased was sent for postmortem examination at Community Health Centre, Basna, where she expired. As per postmortem report (Ex.P-8) the death was homicidal in nature and was occurred due to unknown poisonous substance. On completion of the investigation, charge sheet was laid against the appellants together with Naveen Kumar- husband of the deceased, Pukram father-in-law and Rajkumar- mother-in-law of the deceased under Section 498-A and 304-B and read with section 34 IPC. According to the prosecution, the investigation revealed that the appellants had been demanding dowry and in pursuit thereof, had subjected the deceased to harassment and torture for bringing less dowry from her parents. As a result of harassment and cruelty meted out to the deceased by the appellants, therefore, the deceased committed suicide on 28.08.2008 by consuming poisonous substance. Her viscera was preserved and sent for forensic examination. On the basis of merg inquiry Ex.P-1 and postmortem report Ex.P-8, FIR Ex.P-11 was registered against the appellants in police Station Basna.

(3.) In order to prove its case the prosecution has examined 13 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.