JUDGMENT :

1. The present appeal arises out of the impugned judgment of conviction and order of sentence dated 17.05.2005 passed by the learned Additional Sessions Judge, Janjgir, District – Janjgir-Champa (C.G.), in S.T. No. 412/2004 whereby, the learned Additional Sessions Judge, Janjgir convicted the appellant and sentenced him as under :-

2. Brief facts of the case are that on 27.09.1997, the marriage between the appellant and deceased Durga Dewangan was solemnized. After marriage, the deceased was tortured on demand of dowry by her husband and mother-in-law. The appellant assaulted the deceased Durga Dewangan at her in-laws' house and also at her maternal home, due to which the deceased was mentally and physically tortured. On the intervening night of 28-29.09.2004, the appellant went to sleep on the veranda after having meal and his wife Durga was cleaning the utensils. The next day morning when the appellant weak up and saw that the door of the room of her wife was not opened, he opened the door and saw that her wife was hanging with the help of a saree. Thereafter, the appellant called the neighbours and lodged a merg intimation report. During the course of the investigation, S.D.O. - S.L. Salam summoned the Panch-witnesses and prepared the Panchayatnama of the dead body vide Ex.-P-3 and sent the dead body for postmortem. Dr. K.P. Rathore and Dr. H.S. Chandel performed the postmortem, and gave postmortem report vide Ex.-P-6, according to them the cause of death was suffocation which was caused by hanging and visra was preserved and opined for chemical examination of the visra. Statements of the witnesses were recorded and the appellant along with the co-accused arrested and charge sheet was filed against them.

3. So as to hold the accused/applicant guilty, the prosecution has examined as many as 14 witnesses. The statement of the accused/applicant was also recorded under Section 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case. The appellant has examined one witness in his defence.

4. After hearing the parties, vide impugned judgment of conviction and order of sentence dated 17.05.2005, learned Additional Sessions Judge has convicted and sentenced the accused/appellant as mentioned in para-1 of this judgment and acquitted the co-accused mother-in-law - Rambai. Hence, the present appeal.

5. Learned counsel for the appellant submits that there are material contradictions and omissions in the evidence of the prosecution witnesses. It is further argued that the learned Court below failed to appreciate and evaluate the evidence on record. The ingredients of offence punishable under Sections 306 and 498-A are not available and therefore the appellant is entitled to acquittal. He also submits that in the instant facts and circumstances of the case, the punishment awarded to the appellant is disproportionate looking to the evidence available against the appellant.

6. Per contra, learned counsel appearing for the State, supporting the impugned judgment, opposed the arguments advanced on behalf of the appellant.

7. Heard learned counsel for the parties and perused the material on record including the impugned judgment.

8. In the present case, S.D.O.P.- S.L.Salaam (PW-14) has registered the merg Ex.P-7 thereafter panchnama Ex.P-13 of the deceased (wife of the appellant) was prepared. The above panchnama has been confirmed by the statement of Lakhan Kenwat (PW-7), Shiv Kumar (PW-8) AND Shyam Bai (PW-9).

9. Postmortem of the deceased was conducted by Dr. K.P. Rathore (P-10) and Dr. S.S. Chandel (PW-11) on 29.09.2004 and the report is Ex.P-6. As per the opinion of the doctors, half sari was wrapped around his ne