MANBODH Vs. STATE OF C G

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 06.09.2003 delivered by Shri P.K. Dave, learned 1st Additional Sessions Judge, Baloda Bazar in sessions case No. 470/2002 whereby the Appellants were convicted under Section 498-A and 304-B of I.P.C. and sentenced to undergo R.I. for two years and a fine of Rs. 1,000/- each under Section 498-A and to undergo R.I. for 10 years each under Section 304-B I.P.C. and in default of payment of fine imposed under Section 498-A to undergo additional R.I. for six months.

(2.) IT is not disputed that the deceased Phool Bai was married to the Appellant Manbodh two years prior to her death. Appellant No. 2 Nand Kumar and Appellant No. 4 Sant Ram are the brothers of the Appellant No. 1. Appellant No. 3 Duj Bai is wife of Appellant No. 4 and Appellant No. 5 is the mother of Appellant No. 1. The maternal home of the deceased is in village Deokirari. The Appellants live in village Chhechar.

(3.) IT is alleged by the prosecution that within three months thereafter on 7.7.2002, Phool Bai consumed an insecticide Endosulphas. She was shifted to the Government hospital in Kasdol where she expired. Santosh Verma P.W.7, brother of the Appellant immediately gave merg intimation Ex.P.7 at P.S. Shahdol stating that on 7.7.2002 Phool Bai was alone in the house for cooking food while all the other members of the family had gone to work in the field. When they returned at 2.30 P.M. they sawthat Phool Bai was lying inside the house and froth was coming out of her mouth. On being asked by the Appellant-Manbodh, she told that she had consumed Endosulphas but did not assign any reason therefor. She was immediately shifted to the Community Health Center, Kasdol but died.