DASRATH Vs. STATE OF MP

JUDGEMENT

(1.) The present appeal is directed against the judgment of the High Court dismissing the appeal of the appellant Dasrath. He was convicted by the Trial Court of the offence under Section 304B, Indian Penal Code (IPC) and was sentenced to suffer rigorous imprisonment for 10 years and pay a fine of Rs. 5,000/- and in default directed to suffer further imprisonment for one year. He was also convicted for the offence under Section 201, IPC and was directed to suffer rigorous imprisonment for one year with a fine of Rs. 1,000/- and in default to suffer three months further imprisonment.

(2.) Initially, as many as three accused persons came to be tried by the Sessions Judge, they being accused No. 1, Kalyan, accused No. 2, Dasrath and accused No. 3, Smt. Usha. While accused No. 2, Dasrath is the present appellant, accused No. 1, Kalyan Singh and accused No. 3, Smt. Usha are his father and sister, respectively. The Trial Court had also convicted Kalyan Singh for the same offence. However, it acquitted accused No. 3, Smt. Usha from all the charges. Both the accused had filed an appeal challenging their conviction and the sentences before the High Court. However, during the pendency of the appeal, accused No. 1 Kalyan Singh expired and his appeal, thus, abated. The appeal of Dasrath, the present appellant came to be dismissed by the High Court and that is how he is before us.

(3.) Shortly stated, the prosecution story was that Dasrath was married to Pinki who died under suspicious circumstance of burning. An intimation regarding death came to be given to the Police Station Pandhokhar, Distt. Gwalior. The said intimation was given by the complainant Vadehi Saran s/o Ramanand Kaurav who was none else but the father of the deceased Pinki. It was, inter alia, stated that on that day i.e. 12.8.1992 in the morning his son Jitendra Singh had gone to village Saujna for Rakhi festival to his daughter Pinkis house. But he returned at about 7 p.m. and told him that Pinki had caught fire and was sent to Daboh for treatment. Vadehi Saran further stated that on hearing the news, he along with some co-villagers went to Daboh. However, one Santosh belonging to his village met him near Dugdha Dairy and told him that Pinki had died. Then Vadehi Saran along with others went to village Saujna. But by the time they reached there, Pinkis cremation was over. It was because of this that they came to the Police Station and further action was requested on the basis of the death report.