To convict under Section 304-B IPC, the prosecution must prove the deceased was subjected to cruelty for dowry shortly before death, which was not established in this case.

JUDGMENT :

Rajani Dubey, J.

1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 27.06.2007 passed in Session Trial No. 463/2006, thereby the learned 2^nd Additional Sessions Judge (F.T.C.), Surajpur, District Surguja (C.G.) has convicted the appellants under Section 304-B of IPC and sentenced him to undergo R.I. for 07 years.

2. Admitted facts of the case is that in the month of April, 2005 (Jeth-Vaishakh, 2005), the marriage of deceased Fulwati was solemnized with appellant.

3. The Prosecution story, in brief, is that the appellant was harassing deceased Fulwati for not bringing motorcycle from her parental house and due to the said harassment, on 04.05.2006, deceased Fulwati consumed poison. Thereafter, she was taken to nearby Govt. Hospital where doctor declared her brought dead. The death of deceased Fulwati was informed by Dr. K.K. Tamrakar (PW-11) to police Station Bishrampur vide Ex.P-6, which was recorded in the form of Merg (Ex.P-7) by Kumar Sai Thakur (PW-12), Sub Inspector. After obtaining the due permission from the Sub Divisional Magistrate and after summoning the panch witnesses vide Ex.P-1, inquest on the body of deceased was prepared vide Ex.P-2 and dead body was sent for postmortem examination to Community Health Center, Bishrampur vide Ex.P-8, where Dr. (Smt.) Snehlata Trikey (PW-15) conducted postmortem examination on the body of deceased and gave her report under Ex.P-8 noticing following injuries/symptoms.

(i) Nails were blue, tongue was inside the teeth, fecal mater absent.

(ii) Postmortem hypostasis (purplish read discoloration) more clearly seen because bodies of fair people reduced hemoglobin of the blood, tendering to sink by force of gravity. Present back of the body usually well developed.

The doctor has opined that cause of death of deceased to be suspected poisoning and mode of death was asphyxia.

4. The information of merg intimation registered in the police station Bishrampur was forwarded to police station Jainagar, where meg intimation (Ex.P-12) was again registered. Viscera of the deceased were preserved and seized vide Ex.P-5. FIR for the offence under Section 304/34 of IPC was registered against the appellant vide Ex.P-10. Police prepared spot map vide Ex.P-11. Patwari prepared spot map vide Ex.P-4. Viscera of the deceased was sent for its chemical examination to FSL, Raipur vide Ex.P-13 and FSL report was obtained by the prosecution vide Ex.P-14, according to which, organo phosphorous poison was found in the viscera of the deceased.

5. After due investigation, charge sheet was filed against the appellant for the offence under Section 304-B of IPC before the A.C.J.M., Surajpur.

6. After filing of the charge sheet, the trial Court framed the charge against accused/appellant under Sections 304-B of the IPC. The accused/appellant abjured his guilt and pleaded innocence.

7. So as to hold the accused/appellant guilty, the prosecution has examined as many as 18 witnesses. No defence witness was examined by the appellant in his defence. Statement of the accused/appellant was also recorded under Section 313 of the Cr.P.C. in which he denied the charges levelled against him and pleaded innocence and false implication in the case.

8. After hearing counsel for the parties, the learned trial Court has convicted and sentenced the accused/appellant as mentioned above in para 1 of this judgment. Hence this appeal.

9. Learned counsel for the appellants submits that the impugned judgment of conviction and order of sentence passed by the learned Trial Court is illegal, incorrect and perverse. The incident took place on 04.05.2006 and the family members of the deceased were present rig