CHETAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is heard with respect to appellants No. 1- Chetan and appellant No. 2- Khileshwar Kumar as appeal filed by appellant No. 3-Parbatbai has been ordered to have abated vide order dtd. 28/7/2021.

(2.) The appellants have questioned the legality and sustainability of the impugned judgment of conviction and order of sentence dtd. 2/8/2000 passed in S.T. No. 35 of 2000 passed by learned Additional Sessions Judge, Balod, District-Durg (CG) whereby learned Sessions Judge convicted appellant No. 1 under Sec. 306 IPC and sentenced him to undergo RI for 7 years and appellant No. 2 under Sec. 306 read with Sec. 34 of IPC and sentenced to undergo RI for 7 years.

(3.) Facts relevant for disposal of this appeal are that Meena Bai, daughter of Kriparam (PW 2) married with appellant No. 1 Chetan Kumar in the month of May 1998. Meena Bai committed suicide on 21/9/1999 by hanging in her matrimonial home. Morgue was reported to the concerned police station on same day. Dead body of the deceased was sent for postmortem and death is reported to be suicidal in nature. Kripa Ram, father of the deceased lodged written report on 27/9/1999 (Ex. P-3) before the concerned police station making allegation that after marriage, his daughter was being ill-treated, assaulted by appellant No. 1 (husband of deceased) because of, he having extramarital relationship. Based on the written report, First Information Report (Ex. P11) was registered on 28/9/1999 against three persons i.e. appellants No. 1 and 2 and deceased Parbatbai. After completion of investigation, police submitted charge sheet for offence defined under Sec. 306 and 34 of IPC against all three i.e. husband (appellant No. 1), brother-in-law (appellant No. 2) and mother-in-law. Learned trial Court framed charges under Sec. 306 of IPC and in alternate, Sec. 306 read with Sec. 34 of IPC. Accused persons denied the charges levelled against them. During course of trial, prosecution exhibited 13 documents that are summon to panch witnesses (Ex. P-1), naksa panchnama (Ex. P-2), written complaint (Ex. P-3), photograph of Kekti bai (Ex. P-4), seizure memo (Ex. P-5), dead body supurd nama (Ex. P-6), spot map (Ex. P-7), postmortem request memo (Ex. P-8), duty certificate of constable (Ex. P-9), morgue intimation (Ex. P-10), FIR (Ex. P.11), postmortem report (Ex. P-12) and crime details form (Ex. P-13) and examined as many as 10 witnesses namely Shyamlal (PW 1), Kriparam (PW 2), Mukut Ram (PW 3), Sukhlal (PW 4), Jalam Singh (PW 5), S.L. Gedam (PW 6), Shakun Bai (PW 7), S.K. Dwivedi (PW 8), Dr. B.R. Kosariya (PW 9) and S.K. Bisen (PW 10) to prove the charges levelled against the accused persons. Learned trial Court recorded statements of the accused persons under Sec. 313 of Cr.P.C. After conclusion of trial, learned Court below recorded finding that prosecution proved assault by appellant No. 1- Chetan (husband) and she had intimated her father about extramarital relationship of her husband with one Kekti Bai, two other accused persons, brother-in-law and mother-in-law used to favour appellant No. 1 -Chetan and convicted appellant No. 1-husband for offence under Sec. 306 IPC, appellant No. 2-brother-in-law for offence under Sec. 306 read with Sec. 34 of IPC and Parbat Bai, mother-in-law, for offence under Sec. 306 read with Sec. 34 of IPC and sentenced them as mentioned in paragraph -2 of this judgment.