RAJENDRA DAS Vs. STATE OF CHHATTISGHARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 04-11-2004 passed by Additional Sessions Judge Rajnandgaon in Sessions Trial No. 03/2004. By the impugned judgment, accused/appellants Rajendra Das, Sita Bai and Rumila Bai have been convicted under Section 306/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 500/-, in default of payment of fine amount to further undergo rigorous imprisonment for 3 months. The case of the prosecution is as under:--

(2.) Shri PKC Tiwari, learned Senior Advocate with Shri Shashi Bhushan, learned counsel for the appellants argued that prosecution has not proved the case against the appellants. The prosecution has failed to prove that the deceased was subjected to cruelty or harassment by the appellants. The evidence of Tulsidas (PW-16), Smt. Alka Vaishnav (PW-10), Shri Bai (PW-7) and Omprakash Vaishnav (PW-11) can not be believed, they were relative of the deceased. Independent witnesses have not supported the case of the prosecution. The prosecution has not established that prior to the death of the deceased she had been either subjected to cruelty or harassment or any demand of dowry was made to her, evidence in this respect is wholly insufficient to convict the appellants under Section 306 IPC, the prosecution has utterly failed to establish the ingredients of Section 306 IPC against the appellants.

(3.) On the other hand, Shri R.R. Sinha, learned Panel Lawyer for the State/respondent supporting the impugned judgment submitted that the conviction and sentence awarded to the appellants do not warrant any interference by this Court.