SHYAM KHATKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Cr.A.No.276/2006 filed on behalf of Shyam Khatkar & Odkakin @ Darasmati and Cr.A.No.374/2006 filed on behalf of Sunt Ram and Manoj against the judgment of conviction and order of sentence dated 29.3.2006 passed by the 1st Additional Sessions Judge, Baloda Bazaar in Sessions Trial No.309/ 2005, are being disposed of by this common judgment.

(2.) By these two criminal appeals, the appellants have challenged legality and propriety of the judgment of conviction and order of sentence dated 29.3.2006 passed by the 1st Additional Sessions Judge, Baloda Bazaar in Sessions Trial No.309/2005, whereby and where-under learned Additional Sessions Judge while acquitting co-accused Sanjay elder brother-in-law of Smt. Kusum (since deceased), after holding the appellants guilty for commission of dowry death of Smt. Kusum wife of appellant Shyam Khatkar, daughter-in-law of appellants Surit Ram and Odkakin @ Darasmati and sister-in-law of appellant Manoj, convicted the appellants under Sections 304B and 498A of the IPC, and sentenced them to undergo imprisonment for life and pay fine of Rs.500 each, in default of payment of fine to further undergo RI for two months and to undergo RI for three years and pay fine of Rs. 500 each, in default of payment of fine to further undergo RI for two months, respectively.

(3.) Conviction is impugned on the ground that without any iota of evidence, the trial Court has convicted and sentenced the appellants and thereby committed illegality.