JUDGEMENT
Sharad Kumar Gupta, J. -
(1.)In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 28-6-2000 passed by 2nd Additional Sessions Judge, Raigarh, MP ( now CG) in ST No. 183/1996 whereby and whereunder he convicted the appellant for offence punishable under Section 306/34 of the Indian Penal Code (in brevity 'IPC') and sentenced him to undergo RI for 10 years and to pay a fine of Rs. 500/-, in default of payment of fine, to further undergo additional RI for 2 months.
(2.)This is admitted by the appellant that marriage of the deceased Gangadhar Sharma was solemnized with Bindu Sharma who was his daughter. Deceased was a heavy drunker.
(3.)In brief, the prosecution story is that deceased did not come to house. On 22-7-1996 in the night he was lying near Behra Thela at Gharghoda due to heavy intoxication. On the next day morning he was found dead. His father Brahmaraj Sharma intimated police station Gharghoda where merg intimation was lodged. After the inquiry on 25- 7-1996 an FIR was lodged in Police Station Gharghoda. After the investigation, a charge sheet was filed against him and co-accused Smt. Bindu Sharma. The trial Court framed the charge against him under Section 306/34 of the IPC. To bring home the charge, prosecution examined as many as 12 witnesses. The appellant examined one witness in his defence. After completion of trial, trial Court convicted and sentenced him as aforesaid.
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