The High Court allowed the appeal and acquitted the appellant of charges under Sections 498-A and 306 IPC. The court held that the prosecution failed to prove dowry demand, harassment, or instigation to commit suicide, relying on conjectures rather than cogent evidence.
Appellant acquitted of all charges; bail bonds discharged.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
HIGH COURT OF CHHATTISGARH, BILASPUR
CRA No. 898 of 2002
Daulal
---- Appellant
Versus
State of Chhattisgarh ---- Respondent
Post for pronouncement of judgment on 10/10/2018
JUDGE 10/10/2018
2
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Judgment Reserved on : 13.07.2018 Judgment Delivered on : 10.10.2018
CRA No. 898 of 2002
---- Appellant
Versus
---- Respondent
For Appellant : Shri R.N.Jha, Advocate For Respondent/State : Shri Lav Sharma, PL
Hon'ble Smt. Justice Rajani Dubey C A V Judgment
10/10/2018
This appeal has been preferred against the judgment and order dated 14.08.2002 passed by the Additional Sessions Judge, Mungeli, distt. Bilaspur in Sessions Trial No. 44/2002 convicting the accused/appellant for the offence punishable under Sections 498-A IPC and sentencing him to undergo rigorous imprisonment for one year and to pay fine of Rs. 2,000/- with default stipulation.
3
Ex.P-11 was recorded. Inquest Ex.P-12 on the body of deceased was prepared and body was sent for postmortem examination which was conducted by Dr. N.S.Chandel (PW-8) vide Ex.P-13 and according to him cause of death was due to shock by extensive burn (99%). On the basis of merg, FIR Ex.P-6 was lodged against the appellant under Section 306 IPC on 26.05.98. After filing of the charge sheet, trial judge framed charge against the accused/appellant under Sections 498-A and 306 IPC.
4
accordance with law and there is no infirmity in the same.
5
Kumar Dubey (PW-7) is the Investigating Officer who has done the investigation. Dr.N.S.Chandel (PW-8) has conducted postmortem examination on the body of deceased Sunita Bai and according to him, the cause of death was due to shock on account of excessive burn (99%). L.S. Kashyap (PW-10) is the Constable who assisted in the investigation.
6
her and set on fire but in cross-examination she has not supported her version. Except the version of the mother of the deceased, there is nothing on evidence to prove that it is the accused/appellant who had committed the murder of the deceased. It is thus difficult to maintain the conviction on the oral testimony of the mother of the deceased.
Sd/(Rajani Dubey) Judge
suguna
3 issues framed by the court
Whether the conviction under Section 498-A IPC is sustainable in the absence of evidence proving dowry demand or harassment.
Whether the necessary ingredients of abetment to suicide under Section 306 IPC have been established.
Whether the trial court's acquittal in the abetment charge should be interfered with on appeal.
2 provisions across 1 enactments
Daulal
State of Chhattisgarh
Rajani Dubey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
