- (1.) The above appeal has been filed against the judgment of a learned single Judge of the Chhattisgarh High Court dated 30-1-2003 in Criminal Appeal No. 931 of 1989 wherein the learned Judge, while affirming the conviction and sentence imposed on the appellant, dismissed his appeal. reported in 2003 (1) Cg LJ 200
(2.) The appellant, accused No. 1 in Sessions Trial No. 228 of 1985 on the file of the Additional Sessions Judge, Raipur, then part of the Madhya Pradesh State, is the husband of one Shakuntla Bai alias Amrika Bai having been married to each other during the year 1976-1977. The second accused Surja Bai is the wife of Rajaram, the elder brother of the appellant. Rajaram, the elder brother, was said to be residing away from the Village being a Government Servant, leaving his wife to live in the joint family house in the village where the appellant was said to have also been living with his wife. The case of the prosecution was that the appellant used to harass his wife from the beginning on the ground that she had not brought sufficient dowry and often used to pester her to bring more gold and money from her father. Whenever she used to remind the appellant that the status and economic position of her father did not permit further dowry being given as demanded, the deceased used to be not only taunted and harassed but also threatened and beaten and at times even driven out of the house, in the month of December, 1984, the appellant appears to have called Suryamani, the elder brother of the deceased, and demaded payment of Rs. 3,000/- saying that if he really was interested in the welfare of his sister he must immediately pay the amount. The father of the deceased appears to have arranged for the money from his brother-in-law and through his son paid the sum to the appellant. About 3 or 4 months prior to the occurrence resulting in the death of Shakuntla Bai, the servant of the appellant appears to have, at the behest of the appellant, called the father of the deceased and when he went to the house of the appellant he told him that he did not want to keep his daughter any longer in the house and he may take her with him. On that, with great difficulties he was able to persuade the appellant and leave the deceased with her husband, in the house. Immediately thereafter during March-April when once the father of the deceased was in the house of his brother-in-law, the deceased was said to have come accompanied by a servant from the village where she was living, with broken utensils in a bag to her Uncle's house at Mahasamund, telling her father that her husband has broken all utensils saying that the brass utensils given by her father, instead of giving modern age steel utensils, have become old and, therefore, get them substituted with new stainless steel utensils. Her father, finding the pitiable condition of his daughter, has purchased new utensils from the shop at Mahasamund and sent her back with new utensils.
(3.) While matters stood thus, the ill-treatment and harassment by the appellant of his wife continued unabated also for further reason that she found out on many occasions the appellant having illicit relations with his Bhabhi Surja Bai. In the background of such events and strained relations, it appears that on 18-6-1985 in the marital home at the Village Deori the deceased consumed poison pesticide and died on the same day as a result thereof, in the house of the appellant. The vomiting made before her death, which the Police seems to have seized under a seizure memo Ex. P-7 and got tested also proved to contain pesticide. On coming to know of the occurrence at about 10.00 p.m. in the night, the father of the deceased filed the next day a written complaint to the Police on the basis of which an FIR was said to have been recorded and crime registered and investigation commenced. After completing the formalities of the investigation including the spot inspection, the seizure of the vomiting material and sending the same for laboratory test and arranging for the post mortem examination of the body, the prosecution laid charge against the appellant under Section 498-A and both the appellant and Surja Bai under Section 306 read with Section 34, IPC. PWs. 1 to 9 seem to have been examined besides marking documents and material objects for the prosecution and for the defence also witness was examined and document marked. The defence side also seems to have attempted to show that there was enough money available and no need for demanding money at any time from the complainant side existed. On consideration of the materials placed on record and the stand taken for defence, the learned Trial Judge came to the conclusion that the prosecution was able to substantiate the charges against the appellant under Section 498A as well as under Section 306 read with Section 34 and sentenced him to 3 years R. I. for the offence under Section 498A, IPC, and 7 years R. I. under Section 306, IPC, both of which to run concurrently. So far as the other accused Surja Bai, A-2, is concerned, in the absence of concrete material and the very statement of PW-1 the father of the deceased that she did not harass his deceased daughter, the learned Trial Judge acquitted her of the charge against her.;