HOMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.12.1998 passed in Sessions Trial No.269 of 1997 by the Sessions Judge, Raipur convicting and sentencing each of the Appellants as under: <FRM>JUDGEMENT_84_LAWS(CHH)2_2018_1.html</FRM>

(2.) Facts of the case, in brief, are that Rajkumari (deceased) was married with Appellant No.1, Homan 4-5 years prior to her death. It is alleged that after the marriage, she lived happily for about 1 year, but thereafter the Appellants began to abuse her due to nonbirth of any child from her. It is also alleged that Appellant No.2, Hirmat Bai, mother-in-law of the deceased and Appellant No.1, Homan, husband of the deceased used to beat and harass her and ask her to leave their house and go out. On account of this, on 14.5.1997 at about 3:00 p.m., she consumed some pesticide and died. Morgue Intimation (Ex.P7) was lodged by Deonath (PW9) on the date of death itself at about 8:20 p.m. Inquest (ExP5) was prepared by Additional Tahsildar Radhey Shyam Sonpipare (PW6). Post mortem was conducted by Dr. Krishna Kumar Sen (PW12). His report is Ex.P11 in which it has been opined that the cause of death was suspected poisoning. No opinion has been stated regarding nature of the death revealing that it was an accidental or a homicidal or a suicidal death. Viscera of the dead body was preserved and sent to the Forensic Science Laboratory for chemical examination. FSL Report of examination of the viscera is Ex.P13 in which it has been reported that Aluminium Phosphide Pesticide (Sulfas) was found in the viscera. After morgue inquiry, First Information Report (Ex.P8) was registered on 15.5.1997. Offences under Sections 306 and 498A read with Section 34 of the IPC was registered against the Appellants. On completion of the investigation, a charge-sheet was filed against them for offences punishable under Sections 306 and 498A read with Section 34 of the IPC. Charges were framed against them under Section 306 of the IPC.

(3.) To rope in the Appellants, the prosecution examined as many as 12 witnesses. Statements of the Appellants were also recorded under Section 313 of the Cr.P.C. in which they denied the circumstances appearing against them, pleaded innocence and false implication.