LAL CHAND Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 30-11-1999 passed by the Second Additional Sessions Judge, Rajnanedgaon, M.P. (Now CG) in Sessions Trial No. 123/95 whereby the appellants have been convicted and sentenced as mentioned below for the offence of committing dowry death of Anita @ Gauri. Appellant No. 3 Narayan is husband, appellant No. 1 Lalchand is father-in-law (sasur), appellant No. 2 Tarabai is mother-in-law (Saas) and Appellant No. 4 is sister-in-law (Nanad) of the deceased.

(2.) Case of the prosecution in brief is that the marriage of deceased Anita @ Gauri was solemnized with appellant No. 3 Narayan on 29-11-1991. She was residing at village Suragi, Police Station Lalbag, Dist. Rajnandgaon along with her husband and other members family. On 23-5-1993 at about 10.00 am at village Suragi, she received bum injuries as a result of which she was taken for treatment to District Hospital, Rajnandgaon. Same day, after initial treatment, she was referred to Sector 9 Hospital, Bhilai for further treatment where about 4.05 p.m. she died during treatment. Death information was sent to Police Station, Bhilai vide memo Ex. P-5J. After such information. Police conducted inquest Ex. P-2 after inquest notice Ex. P-3. Dead body of deceased was sent for autopsy to Main Hospital, Durg vide Ex. P-12. P.W. 9 Dr. S.K. Fating conducted autopsy and found following injuries/symptoms:

(3.) During Merg inquiry, preserved viscera was seized vide seizure memo Ex. P-13. Next day of the incident i.e. 24-5-1993, Ramesh Kumar Peshwani P.W. 1, brother of the deceased submitted written complaint before the Police Superintendent, District Rajnandgaon who instructed for necessary action. After inquest report at Merg No. 17/93 of Police Station, Durg and after recording statement of P.W. 1 Ramesh Kumar, police of Lalbag registered the FIR at Crime No. 137/93 under Section 498A and 304-B of Indian Penal Code (for short 'IPC') against all the appellants and started investigation. During the course of investigation, the police seized two post cards written by the deceased to her sister-in-law (Bhabhi). Bed head ticket of the deceased was seized vide Ex. P-5. Viscera and other articles seized and collected during investigation were sent for forensic analysis to FSL, Sagar vide Ex. P-6. Patwari map is Ex. P-7. Police also seized some burn piece of body vide Ex. P-9. Viscera and other articles were sent to investigator vide Ex. P-10. Other articles relating to Viscera were seized vide Ex. P-14. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure (for short 'Cr.P.C.'). After investigation, charge sheet was filed on 3-7-1993 under Sections 498-A and 304-B of I.P.C. before the JMFC, Rajnandgaon who in turn committed the case to the Court of Sessions from where learned Additional Sessions Judge received the case on transfer and conducted trial. Accused/appellants were charged under sections 498-A and 304-B of the I.P.C.