ASHOK KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 22/7/2002 passed by the Fourth Additional District Judge (FTC), Janjgir (C.G.) in Sessions Trial No. 360/2001, whereby, the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_147_LAWS(CHH)11_2019_1.html</FRM>

(2.) Case of the prosecutions is that marriage of appellant Ashok Kumar was solemnized with deceased Laxmin Bai on 07.07. 1997 at village Kosmanda, District Janjgir-Champa. After marriage one boy was born out of their wedlock. The deceased died on 7/3/2001 within 3 years and 8 months of her marriage. The funeral was done in the presence of appellant's family and parental family of the deceased alongwith villagers. After funeral, Ex.-P/6 written complaint was made by PW-5 Balram, father of deceased, to S.H.O., Champa which was reduced in writing in Roznamcha Sahana No. 523 dtd. 11/3/2001 against the appellant and his family members regarding treating the deceased with cruelty for demand of dowry. On 12/3/2001 at about 16:40 hours, merg intimation (Ex.-P/7) was lodged by PW-5 Balram. After merg enquiry, FIR (Ex.-P/19) was registered on the same day i.e. 12/3/2001 under Ss. 306 and 201 read with Sec. 34 of IPC by Sub Inspector of Police Station Champa.

(3.) On the basis of merg intimation (Ex.-P/7) and the F.I.R. (Ex.-P/19), the Investigating Officer gave notice (Ex.-P/1) to the Panchas and prepared inquest (Ex.-P/2). As per seizure Ex.-P/4, burnt soil and ash were seized from where the body of the deceased was cremated. Seized burnt soil and ash were sent for FSL examination vide Ex.-P/10. During Investigation statements of the witnesses were recorded which revealed that after marriage and prior to death of the deceased, she was being subjected to cruelty and harassment by the accused/appellant and his family members for demand of dowry as a result of which she committed suicide by consuming poisonous substance.