MOTILAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of the First Additional Sessions Judge, Raipur, dated 4th October, 1989, passed in Sessions Trial No. 228 of 1985 by which the accused/appellant has been convicted for the commission of the offences under Section 306 read with Section 34 and Section 498-A of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for seven years and to undergo rigorous imprisonment for three years, respectively. Both the sentences were directed to run concurrently. However, other accused - Surjabai was acquitted of the charge framed against her for the offence under Section 306 read with Section 34 of the Indian Penal Code.

(2.) THE relevant facts for the disposal of this criminal appeal are that Shakuntala Bai alias Amri Bai (since deceased) was married to accused - Motilal in the year 1976-77 and thereafter, Shakuntala Bai continued to live in her matrimonial house. Other accused - Surjabai is the wife of Rajaram, the elder brother of accused - Motilal. Accused - Motilal and his brothers consist a joint family. On 18th June, 1985, Shakuntala Bai alias Amri Bai died in Village : Deori, in her matrimonial house after consuming poison. Deceased - Shakuntala Bai's vomiting was taken into possession by the Police through Ex.P-7. These facts have been admitted by the accused persons. After the marriage, accused -Motilal used to ill treat Shakuntala Bai and used to tell her that she has not brought sufficient dowry and to bring more gold and money from your father. In return, when Shakuntala Bai used to tell her husband that his father is not in a position to give more money on this accused - Motilal used to beat the deceased after getting angry and he used to tell her to get out from his house and he used to threat that he will kill her. In the month of December, 1984, accused - Motilal called Suryamani, the elder brother of deceased - Shakuntala Bai and asked him if you want welfare of your sister then send Rs. 3,000/- and out of that threat Suryamani paid Rs.3,000/- after arranging the same. In June, 1985, before 3-4 months of the death of Shakuntala Bai the servant of accused - Motilal came to the father of deceased - Shakuntala Bai namely, Bhuvan Lal and informed him that your doughter has called you and accused - Motilal has said that you can take your daughter to your place because he do not want to keep her in his house. Bhuvan Lal requested accused - Motilal to keep Shakuntala Bai with him and he returned to his house. When after two days, Bhuvan Lal went to Mahasamund to the house of his brother-in-law Bishatram, deceased - Shakuntala Bai came from her matrimonial house with servant along with broken utensils in a bag. She told her father in the house of her maternal uncle that accused - Motilal has damaged and broken these utensils and in abusing language said that why these brass utensils were given to him at the time of marriage and they became old and why the stainless steel utensils have not been given to him. If you want your welfare then bring new stainless steel utensils from your father. Bhuvan Lal, looking to the precarious condition of his daughter Shakuntala Bai purchased new utensils from a shop in Mahasamund and gave it to his daughter Shakuntala Bai. Shakuntala Bai took those utensils to her matrimonial house. The husband of Surjabai used to reside at some other place being a public servant and Surjabai used to reside in Village : Deori with accused - Motilal in his house. Accused - Motilal and Surjabai had illicit relations and deceased - Shakuntala Bai had an occasion to see, therefore, accused - Motilal used to beat Shakuntala Bai and used to tell her that she should not disclose this thing to anyone else otherwise he will kill her. Bhuwan Lal - father of Shakuntala Bai received the news at 10.00 p.m. in the night on 18th June 1985 that his daughter Shakuntala Bai has died in the house of her husband and on the next day i.e. 19th June 1985 Bhuwan Lal submitted a written report (Ex. P/1) to the Police Station. A case was registered by the Police and during the investigation the vomiting of deceased Shakuntala Bai was taken into possession through Ex. P/7. The Panchanama (Ex. P/6) regarding the dead body of Shakuntala Bai was prepared. Dr. S. Sanyal after conducting the post mortem examination on the dead body of the deceased prepared a report (Ex. P/2) stating that Shakuntala Bai has died on account of consuming of the poison. Suspected viscera of Shakuntala Bai were sealed and sent for chemical examination to the Forensic Science Laboratory, Sagar. The report received from the Forensic Science Laboratory is Ex. P/8. According to the report the viscera and vomited material contained organophosphorous pesticide.

(3.) THE prosecution in order to prove the offences levelled against the accused persons examined Bhuwanlal (PW-1), Dr. Narsingh Prasad Sahu (PW-2), Nemichand (PW-3), Laxmi Bai (PW-4), Dulari Bai (PW-5), Dr. S. Sanyal (PW-6), Gendlal Verma (PW-7), Chetram (PW-8) and Suryamani (PW-9). The statements of the accused persons were recorded under Section313 of the Code of Criminal Procedure. They denied the charges levelled against them. They produced Rajkumar Chandrakar (DW-1) and R.K. Choubey (DW-2) in their defence.