PRAHLAD Vs. STATE OF M P

JUDGEMENT

(1.) The Appellant has filed the aforesaid appeal against the judgment and order of conviction and sentence passed by the learned I Addl. Sessions Judge Mhow, District Indore in S.T No. 96/2000 judgment dated 12/9/2000 by which the Appellant stands convicted Under Sections 302 of the IPC, sentenced to undergo RI for life with fine of Rs. 1000/- in default of payment of fine to undergo further RI for six months.

(2.) In nut shell, the prosecution case as unfolded before the trial Court is that Rekhabai was married with Appellant before 5-6 years of her death on 28/10/1999. Upto two years of her marriage she was kept properly in her in-laws house, thereafter accused persons started beating and ill-treatment with Rekhabai. She was not provided proper food, cloth and other facilities. She was pressurized for bringing money to purchase KADI (silver ornament). Before three months of the incident, Rekhabai came to her parents house and disclosed about torturous behaviour by the Appellant and acquitted co-accused, her sister-in-law. Inspite of this, Rekhabai was sent back by her father Kaniram to her in-laws house. On 28/10/1999 Rekhabai died because of consuming some medicine. Kaniram (P.W. 1), father of deceased lodged the written report of the incident on 4/11/1999 (Ex.D. 1) on the basis of which FIR (Ex.P. 9) was registered by SHO B.L. Soni (P.W. 12). After admission of the deceased in the hospital, she was not in a position to give dying declaration but Dr. Mahesh Mohbiya (P.W. 2) recorded the statement of the Appellant (Ex.P. 2) wherein Appellant has disclosed that his wife was suffering from headache and he gave metacine and saridone tablet to her but what she had consumed he was not knowing and after her ill-health he brought her to the hospital and all these events had taken place before 45 minute. This statement was recorded in presence of Chhogalal and thumb impression of the Appellant was also taken at "B to B" part by Dr. Mohbiya. Because of deterioration in condition of deceased, she was shifted to M.Y. Hospital where she died in the intervening night of 28th and 29th October, 1999. After completion of inquest enquiry, the dead body was sent for postmortem examination and the same was performed by Dr. N.M. Unda (P.W. 14). Postmortem report is Ex.P. 10. Vomitting and viscera of the deceased were sent to FSL and its report is Ex.P. 9. This report has confirmed that deceased had died because of sulfas poison. Investigating Officer, after recording the statements of the witnesses acquainted with the facts of the case and on completion of investigation, filed the charge sheet against the Appellant and acquitted co-accused Smt. Ramubai, the sister-in-law of the Appellant for commission of offence Under Sections 306, 304(B) and 302 of the IPC.

(3.) The accused persons denied the charges, therefore, put to trial. They have not examined any witness in defence. Learned trial Court, after recording the statements of the prosecution witnesses and hearing both the parties, while acquitting co-accused Ramubai, convicted and sentenced the Appellant as noted herein above.