SRIKANT Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred by the accused-appellant against the judgment dated 15th December, 2009, passed by the High Court of Judicature Madhya Pradesh at Jabalpur in Criminal Appeal No. 7 of 1991. By the impugned judgment, the High Court dismissed the appeal preferred by the Appellant thereby affirming the sentence passed by the Additional Session Judge, Dindori in Session Case No. 10 of 1990, for an offence punishable Under Sections 498-A and 304-B of the Indian Penal Code, 1860 (Indian Penal Code). The facts leading to the conviction of the Appellant are as follows:

(2.) On the information of Guljari Lal, PW-7, at the outpost of Vikrampur, report was written in Ro-jnamcha Sanha (Ex. P-33C) by Ravishanker (PW-37). Sarada Makhan Singh (PW-35), Principal of Government Higher Secondary School, Vikrampur, recorded her dying declaration (Ex. P-26). Mamta and her daughter Ruby were sent to Primary Health Centre, Dindori, where they were admitted. Dr. S.K. Khare (PW-11) intimated the concerned police for recording her dying declaration and, therefore, at the request of the concerned police, Mr. C.L. Yadav (PW-8), Naib Tahsildar and Executive Magistrate recorded her dying declaration (Ex. P-6). Subsequently, on 26th July, 1989, at 3.05 a.m., Mamta died and her daughter Ruby also died. Marg Intimation No. 0/89 was registered at police station, Dindori, from where it was sent to Police Station Shahpur, where the Marg Intimation No. 15/89 Under Section 174 of Code of Criminal Procedure, 1973, was registered. After preparing Panchanama of the dead body of Mamta, postmortem examination was conducted by Dr. S.K. Khare (PW-11) and Dr. R.M. Mishra (PW-29). The doctors opined that the cause of death was shock as a result of extensive burn. However, Viscera and articles were preserved for further chemical and histopathological examination. The articles were seized and on the basis of inquiry of Marg Intimation, Crime No. 81/89 Under Section 306 of Indian Penal Code was registered at Police Station, Shahpur. The statement of witnesses were recorded during the course of investigation and seized articles were forwarded to F.S.L., Sagar, for chemical examination. After completion of the investigation, the charge sheet was filed in the Court of J.M.F.C, Dindori, who committed the case to the Sessions Court for trial.

(3.) The Appellant was charged Under Sections 498-A and 304B or in alternative Under Section 306 Indian Penal Code. He denied the guilt and claimed innocence contending that he has not committed any offence. On behalf of the prosecution altogether 37 witnesses were examined and no witnesses were examined on behalf of the defence. After appreciation of the evidence, the trial Court held the Appellant guilty Under Sections 498-A and 304B Indian Penal Code and sentenced him with rigorous imprisonment for 3 years Under Section 498-A and for rigorous imprisonment for 10 years for the offence punishable Under Section 304B. Both the sentences were directed to run concurrently.