RAJESH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) On the basis of Merg intimation (Ex.P-9), FIR (Ex.P-12) was registered against the present appellant and his sister-in-law (acquitted by the trial Court) under Section 306/34 IPC. It is alleged that as the present appellant was having illicit relations with his sister-in-law (wife of his elder brother) and when the deceased objected to it, he used to threaten her to leave his house but by giving divorce to him. After postmortem examination, charge-sheet was filed followed by framing of charge under Sections 498-A and 306 IPC.

(2.) Learned Court below by the judgment impugned dated 23.09.2009 passed in Sessions trial No.168/2008 acquitted the accused Kajla Bai of the charges levelled against her but convicted the accused/appellant herein under Section 498-A and 306 IPC imposing sentence of one year RI with fine of Rs.1000 under Section 498-A and RI for 3 years with fine of Rs.3000 under Section 306 IPC. Hence this appeal.

(3.) Counsel for the accused/appellant submits that even if the entire material is taken into consideration, no case under Section 306 IPC is made out against him as none of the witnesses has stated that the accused/appellant ever instigated or goaded the deceased to commit suicide by his overt or covert gesture. She further submits that in the present case the ingredients of abetment contained in Section 107 IPC are not attracted to the case in hand and therefore, the conviction of the accused/appellant under Section 306 IPC is bad in law. He also holds the conviction of the accused/appellant under Section 498-A IPC to be unjust and therefore, liable to be set aside.