PRITAM Vs. STATE OF M P

JUDGEMENT

(1.) The present appeal arises out of judgment & order dated 29.10.94 passed by Second Additional Sessions Judge, Raipur in ST. No. 74/1992 convicting the accused/appellants for the offence punishable under Sections 304-B and 498-A IPC and sentencing them to undergo rigorous imprisonment for seven years and to undergo rigorous imprisonment for two years and pay fine of Rs. 500 each, in default of payment of fine to further undergo rigorous imprisonment for two months. In the case in hand, deceased Kiran Lata is wife of appellant No. 2 whereas appellant No. 1 is father-in-law of the deceased. Marriage of Kiran Lata (since deceased) was solemnized with the accused/appellant on 15.5.89 and she died on 7.6.91 after sustaining 90% burn injuries on 3.6.91 in her matrimonial house. She was immediately hospitalized at D.K. Hospital, Raipur where she died on 7.6.91 Merg intimation Ex. P-12 was recorded and inquest Ex. P-6 was prepared. After merg enquirty, on 10.6.91, FIR(Ex. P-15) was registered against the accused/appellants under Section 304-B /34 IPC. Post mortem on the body of deceased was performed by Dr. D.C. Jain (PW-8) vide Ex. P-11 and according to him cause of death was syncope due to burn. After investigation, charge sheet was filed on 3.10.91 under Sections 304-B, 34 and 498-A IPC against the accused/appellants and acquitted accused Murho Bao and Ganpat.

(2.) In support of its case, prosecution has examined 15 witnesses. Statement of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.

(3.) After hearing the parties, the Court below has acquitted accused Murho Bai and Ganpat of ail the offences but has convicted and sentenced the present accused/appellants as mentioned in paragraph No. 1 of his judgment. Hence this appeal.