BHAGWAT SAHU Vs. STATE OF M P

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 25.09.1998 passed by Second Additional Sessions Judge, Bilaspur in Sessions Trial No. 184/1997 convicting the accused/Appellant for the offence under Sections 304B read with Section 34 of IPC and sentencing him to undergo rigorous imprisonment for seven years.

(2.) BRIEF facts of the case are that the Appellant is the husband of the deceased Gayatri Bai and their marriage was solemnized sometime in the year 1994 and Gouna ceremony took place in the year 1995. On 11.4.1996 an about 9 a.m. the deceased Gayatri Bai suffered 100% bum injuries and on that day itself died while she was being taken to the hospital. On 11.4.1996 Merg intimation Ex. P-8 was given by Baisakhu, father of the accused/Appellant. On 23.04.1996 a written report (Ex. P-5) was made by Dhani Ram Sahu (PW-3)-the father of the deceased and Ganga Prasad (PW-6) to the Collector making allegation of demand of dowry and cruelty against the accuse/Appellant and his mother & father. After enquiry, FIR Ex.P-12 was registered on 12.06.1996 against the accused/Appellant and his mother (Khelan Bai) and father (Baishakhu) under Section 306/34 of IPC and thereafter on 29.06.1996 the case diary statement of the witnesses was recorded. However, the challan was filed on 27.07.1996 only against the accused/Appellant and his mother Khelan Bai for the offence under Section 306/34.

(3.) HEARD counsel for the parties and perused the material available on record including the judgment impugned.