BHARAT DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The applicants, father-in-law and mother-in-law of the deceased Sheela, have filed this revision petition against the order dated 30-8-2001 passed by the Second Addl. Sessions Judge, Raigarh in Sessions Trial No. 229/2000, whereby the charges for the offence punishable under Sections 306/34, IPC have been framed against them.

(2.) According to the learned counsel for the applicants the marriage between the co-accused Pramod and deceased Sheela had taken place 11 years before and as such it is not a case of death within seven years of the marriage under Section 304B of IPC.

(3.) Learned counsel for the applicants further submits that the deceased was suffering from Malaria and the treatment was going on. He refers to the seizure memo whereby Chlorocuine tablets were seized from the cot where the deceased was lying. He read out the autopsy report wherein it was mentioned that the stomach of the deceased was full of undigested rice, subji (kaler, Tamatar & Taroi). While the autopsy was conducted, the following visceras were preserved for chemical analysis - Piece of small intestine, piece of large intestine, piece of right lung, piece of left lung, piece of liver, piece of spleen, pieces of left and right kidney. The deceased died of Asphyxia and Syncope and coma within 24 hours because of poisoning.