(1.) APPELLANTS have filed this appeal against the judgment dated 3,5.2002 passed by Special & Additional Sessions Judge, Shahdol, in Sessions Trial No.179/2001, convicting them under Sections 302/34, 304 -B/34 and 498 -A of the Indian Penal Code and sentencing them to imprisonment for life, rigorous Imprisonment for 10 years and rigorous imprisonment for 2 years with fine Rs. 500/ -, on each count respectively.
(2.) FACTS , as alleged by the prosecution, are that Sonika, the deceased, was married to appellant Ram Bhadra on 4th June 1997. Appellant Deowati was the mother -in -law of Sonika. After marriage, Sonika went to her nuptial house and kept on visiting her mother's house. After sometime, she complained about harassment meted out to her by her husband and mother -in -law for not bringing a scooter in dowry. On 3.6.2001, at about 5.15 in the morning, Vidya Sagar (PW - 1), brother of Sonika, received information on telephone that Sonika had died. Vidya Sagar alongwith his elder brother Rajaram Pathak went to village Garfandia where accused resided and saw the dead body of Sonika lying in the courtyard of their house. There were injuries on her face. None disclosed to them how Sonika died. On the same day, at about 8.30 a.m., Vidya Sagar (PW -1) lodged a report with Police Dhanpuri. Sub Inspector M.S. Karchuli (PW -11) registered a Murg (Ex. P/l). Police, in the presence of Executive Magistrate, Jaithpur, conducted the inquest of the dead body and prepared memorandum (Ex.P/3). Executive Magistrate sent the dead body to community Health Centre, Dhanpuri for postmortem examination. Dr. K.K.Gautam (PW -5) alongwith Dr. B.N. Sharma and Dr. Richa Gupta conducted postmortem examination at about 5.00 p.m. on the same day. He found that deceased was carrying pregnancy of 32 to 36 weeks. She had injuries on her face. There was bleeding from her nose and mouth. The injuries found on the body of the deceased were ante mortem in nature, and were caused within 24 hours of the postmortem examination. Postmortem examination reports are Ex.P/9 -A and Ex.P/10.
(3.) IN the course of investigation, investigating officer prepared the spot map, arrested the accused persons and at the instance of accused Ram Bhadra on 7.6.2001 seized a stone and a 'Danda' kept under his cot. In the Murg enquiry, it was revealed that accused persons subjected the deceased to cruelty for not meeting the demand of a scooter in dowry and that on some dispute, on not allowing her to go to her parents' house, assaulted her, as a result of which she died.