IBRAHIM Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed under Section 374 of Cr.P.C. by the appellants against the judgment dated 14.08.1997 passed by Additional Sessions Judge, Khurai, District Sagar in Session Trial No. 67/1996, whereby learned Additional Sessions Judge has convicted the appellants/accused for the offence punishable under Section 306 of IPC and sentenced them to undergo R.I. for four years with fine amount of Rs. 100/-. Default stipulation has also been imposed by the trial Court.

(2.) According to prosecution case, the marriage of deceased- Sakina was solemnized with the appellant No.1/accused. Appellant No. 2 is sister-in-law of deceased/Sakina. On 15.06.1993, the dead body was found near the railway track. Information was given to the police station. Thereafter Assistant Sub Inspector, R.S. Sisodiya (PW- 6) reached on the spot and he prepared lash panchnama vide Ex. P-2 and spot map vide Ex. P-3. The dead body of deceased was sent for the postmortem. Dr. R.K. Damle (PW-8) conducted post mortem of dead body of deceased vide Ex. P-10. On 16.06.1993, father of deceased, Budhe Khan (PW-1) has identified the dead body as her daughter-Sakina. Marg No. 19/1993 was registered under Section 174 of Cr.P.C. It was found in the inquiry that there was illicit relationship between the appellants. Deceased objected, then appellants/accused tortured and humiliated her due to which deceased/Sakina committed suicide by jumping in front of the train. Incharge of Police Station R.D. Sharma (P.W-7) lodged the FIR vide Ex. P-8. Viscera was seized vide Ex. P-4. Statements of witnesses were recorded. Appellants/accused were arrested on 21.06.1993 vide Ex. P-9. After investigation, charge sheet has been filed for the offence under Section 306 of IPC against the appellants/accused.

(3.) In trial, accused persons had abjured their guilt, thus, the trial Court proceeded further with the trial. Prosecution has examined as many as 10 prosecution witnesses and appellants/accused did not examine any witness on his defence in trial. After examining the statements of the witnesses as well as considering the evidence available on record, the learned Session Court came to the conclusion that the accused persons are found guilty for the aforesaid offence. Hence, they have been convicted and sentenced by the Sessions Court as aforesaid.