State Of Chhattisgarh v. Brijlal Sahu

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Cr.M.P. No. 888 of 2015 State Of Chhattisgarh Through Police Station Lalbagh, Distt. Rajnandgaon Chhattisgarh.

---- Petitioner

Versus

Brijlal Sahu S/o Late Baldu Ram Sahu Aged About 50 Years R/o Village Bakal, Police Station Lalbagh, District Rajnandgaon Chhattisgarh. ---- Respondent For Petitioner/State:

Shri Vivek Sharma, Panel Lawyer.

For Respondent:

None.

Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Chief Justice 5/10/2015 1.

The present application for leave to appeal has been filed against the conviction of the father-in-law of the deceased under Sections 304-B and 498-A IPC.

2.

Learned Counsel for the State submits that the Trial Judge erred in granting acquittal as during the course of trial and in deposition, the witnesses did lead evidence with regard to harassment for dowry. 3.

We have considered the submissions. Before the presumption under Section 304-B IPC arises against an accused, the prosecution has to establish a prima facie case, only then the onus shifts to the accused. 4.

Upon going through the order of acquittal, it appears that only the father-in-law of the deceased was made an accused and not the husband. The mother and father of the deceased had only spoken of routine marital

discord. The deceased appeared upset because of having to do all household chores as the daughter-in-law. There are vital contradictions between their police statement under Section 161 Cr.P.C and the Court deposition leading the Trial Judge to conclude embellishments.

5.

In the entirety, we find no reason to interfere with the acquittal. 6.

The application for leave to appeal is dismissed. Sd/- Sd/- (Navin Sinha) (P. Sam Koshy) CHIEF JUSTICE JUDGE Priya