LAXMAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Second Additional Sessions Judge, Damoh has passed the impugned judgment dated 30.11.2004 in S.T. No. 272 of 2002 by which Appellant/accused has been convicted under Section 302 of Indian Penal Code and sentenced to life imprisonment. Being aggrieved, Appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

(2.) Prosecution case in short is that on 2.5.2002 at about 6 O'clock in the morning Lachhi Bai (mother of the Appellant/accused) informed Inder Singh that her daughter-in-law Uma Bai (wife of Appellant) hanged herself in the cattle house. Inder Singh, his father Gulab Singh and Appellant took her off the string thinking that she was alive. Inder Singh lodged Marg intimation Ex.P/ 17 at Police Station, Raneh, during Marg inquiry, Sub Inspector S.P. Shukla (PW16) prepared the spot map Ex.P/10 and inquest Panchnama Ex.P/4. Dead body of Uma Bai was sent for post-mortem examination.

(3.) Dr. S.K. Jain (PW14) performed the autopsy on the body of Uma Bai. He found contusion of 6 cm. x 6 cm. over left lateral part of lower chest and upper abdomen. He also found a foet us of about 24 weeks of a female child in her uterus and opined death by shock due to extensive hemorrhage due to the rupture of spleen and prepared post-mortem report Ex.P/14. During Marg inquiry, it was found that Uma Bai was married with Appellant three years before dainik bhaskar the incident. After some time of marriage, Appellant, his mother, father and other relatives tortured Urna Bai and subjected her to cruelty, in relation to demand of dowry of Rs. 20,000/-. Due to aforesaid cruelty, she committed suicide. Therefore, the offence under Sections 304-B, 498-A, 201 and 334 of the Indian Penal Code was registered against the Appellant, his mother, father and other relatives.