GANPAT Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH)

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6.5.1999 passed by the Additional Sessions Judge, Sakti in Sessions Trial No.14 of 1998 convicting and sentencing each of the Appellants as under: <FRM>JUDGEMENT_57_LAWS(CHH)3_2018_1.html</FRM>

(2.) During pendency of this appeal, Appellant No.2, Ghosiram died. Vide order of this Court dated 15.9.2009, his appeal has been abated and on 12.3.2015, his name has been deleted from the array of cause-title. Now, the instant appeal is to be and is therefore decided in respect of Appellants No.1 and 3 only.

(3.) Case of the prosecution, in brief, is that Nirmala Bai (the deceased), aged about 22 years was wedded with Appellant No.1, Ganpat in the year 1995. Appellant No.2, Ghosiram was father-inlaw of Nirmala Bai. Appellant No.3, Laxmin Bai is mother-in-law of Nirmala Bai. It is alleged that after the marriage, the accused/Appellants were asking Nirmala Bai for bringing Rs.20,000/- in dowry. Father of Nirmala Bai expressed his inability to fulfill the demand. On this, the Appellants kept Nirmala Bai hungry for 11 days. On account of Tija festival on 30.8.1997, when father of Nirmala Bai went to take her, the Appellants asked her father to first give them Rs.20,000/- and they did not send Nirmala Bai with her father. On 31.8.1997, a morgue intimation (Ex.P20A) was lodged by Appellant No.1, Ganpat, husband of Nirmala Bai stating that when he reached home after bringing his younger sister for Tija festival, his wife Nirmala Bai was not present at home and on being searched, her dead body was found in the well. Inquest (Ex.P2) was recorded on 1.9.1997. Post mortem examination of the dead body of Nirmala Bai was conducted by Dr. Mrs. S.D. Kanwar (PW6), Dr. S. Kachchhap and Dr. J. Singh on 2.9.1997. Post mortem report is Ex.P9 in which they have opined that cause of death was asphyxia and no definite opinion could be given by them regarding asphyxia. First Information Report (Ex.P20) was registered on 11.9.1997. During investigation, vide seizure memo (Ex.P3), a letter (Ex.P4) was seized from Jeetram (PW1), father of deceased Nirmala Bai. An iron bucket and a saree were seized from the place of occurrence vide Ex.P7. On completion of the investigation, a charge-sheet was filed against the Appellants for offence punishable under Section 304B read with Section 34 of the Indian Penal Code. Charges were framed against them under Section 304B read with Section 34 of the Indian Penal Code.