LALA PRASAD Vs. STATE OF M P

JUDGEMENT

(1.) This appeal arises out of judgment and order dated 6.5.1997 passed by the Second Additional Sessions Judge, Raigarh in Session Trial No. 224/1995 convicting the accused/ appellant No.1 under Sections 304B, 201, 498A, 120B IPC and Section 4 of the Dowry Probation Act and appellants Nos. 2 & 3 under Sections 304B/34, 201/34,498A/34, 120B IPC & Section 4/34 of the Dowry Prohibition Act and sentencing them to undergo rigorous imprisonment for ten years, four years, two years, two years and three months respectively.

(2.) Brief facts of the case are that marriage of accused/appellant No. 1 Lala Prasad Kesarwani was solemnized with deceased Seema sometime in the year 1992 and she died on 18.6.95 in her matrimonial house after suffering 95% burn injuries. Merg intimation (Ex. P27) was given on 18.6.95 itself at 9.00 p.m. by appellant No. 1 and after merg enquiry, on 20.6.95; FIR (Ex. P19) was registered against the accused persons under Sections 302,201/34 IPC and 3 & 4 of the Dowry Prohibition Act. After investigation, challan was filed on 5.9.95 under Sections 302, 201.120B, 498A IPC and 3 & 4 of the Dowry Prohibition Act. However, learned trial Judge has framed charges under Sections 302, 201 and 304B IPC.

(3.) In order to establish the guilt of the accused persons, the prosecution has examined 9 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Cr. P.C. in which they denied the charges leveled against them and pleaded their innocence and false implication the case. Three defence witnesses have also been examined.