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2025 Supreme(Chh) 420

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAJANI DUBEY
Rishabh Nishad, S/o Baisakhu Nishad – Appellant
Versus
State Of Chhattisgarh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Navin Shukla, Advocate on behalf of Mr. S. Mirza, Advocate.
For the Respondent/State: Mr. Devesh G. Kela, Panel Lawyer.

Judgment :

RAJANI DUBEY, J.

1. This Criminal appeal is directed against the judgment of conviction and order of sentenced dated 08.05.2007 passed in Session Trial No. 33/2007 whereby the learned Sessions Judge, Raipur, District Raipur (C.G.) has convicted the appellant under Section 304-B of IPC and sentenced him to undergo R.I. for 07 years with fine of Rs.500/-, with default stipulation.

2. Prosecution story, in brief, is that deceased Usha Nishad was married to accused/appellant Rishabh prior to three- four months of the incident. After the marriage, deceased Usha Nishad lived with appellant in her in-laws' house. After a month, when deceased Usha Nishad came to her maternal home with the appellant, she told her cousin Phulu Nishad (PW-7) and her mother (PW-5) that her husband (the appellant) does not like her, drinks alcohol, commit maarpeet and mentally tortures her saying that she had brought less dowry in the marriage. On this, deceased Usha Nishad was made understand by her parents and sent back with the appellant. Thereafter, the appellant started working in a factory in Birgaon and lived there with her wife deceased Usha Nishad in a rented house, but there also the appellant

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