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2016 Supreme(Chh) 91

NAVIN SINHA, P.SAM KOSHY
Deepak S/o Shri Shobhraj Kotwani – Appellant
Versus
State of Chhattisgarh, through Police Station, Torwa, District Bilaspur – Respondent


Advocates Appeared:
For the Appellant : Mr. Surendra Singh, Mrs. Meena Shashtri.
For the Respondent: Mr. U.K.S. Chandel.

JUDGMENT :

P. Sam Koshy, J.

Challenge in the present appeal is to the judgment of conviction and sentence dated 9.1.2001 passed by the First Additional Sessions Judge, Bilaspur, in Sessions Trial No. 80 of 1996 convicting the Appellant for the offence under Sections 498-A and 304-B of IPC. He has been sentenced to undergo rigorous imprisonment for one year with fine of Rs. 1000/- with default stipulation under Section 498-A of IPC. Similarly, for the offence under Section 304-B of IPC he was sentenced to life imprisonment with fine of Rs. 5000/- with default stipulation.

2. Case of the prosecution is that on 5.3.1995 the Appellant had taken the dead body of the deceased, Varsha @ Sadhna to the clinic of Dr. Ramjanm Prasad Verma (PW-2), who, on examination, declared the deceased to be brought dead. The doctor, in turn, gave intimation of death to Police Station, City Kotwali, Bilaspur. Based upon the said intimation, P.S. Baran (PW-5) recorded FIR and in the course took the statement of the brother of the deceased, Tolaram (PW-9) on 5.3.1995. Based upon which, an FIR was lodged for offence under Section 304-B IPC, Exhibit P-10.

3. The deceased was married to the Appellant on 5.2.1993. I








































































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