RAMESH Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS being aggrieved by their conviction for offence under Section 306 of the Indian Penal Code and sentence of rigorous imprisonment for five years and fine of Rs. 1,000/-, in default rigorous imprisonment for three months, passed by IIIrd Addl. Sessions Judge, Chhindwara in Sessions Trial No. 153/88 by judgment dated 29. 11. 1989, have preferred this appeal.

(2.) ACCORDING to the prosecution, two years prior to 8. 8. 1988, deceased Phoolwati was married to appellant No. 1 Ramesh and he used to assault the deceased on the issue of preparation of meal. Deceased Phoolwati whenever used to come to her parents' place from the house of her in-laws, she used to complain that her husband and mother-in-law i. e. appellant No. 2 Mst. Phutana Bai harassed her. According to the prosecution on 8. 8. 1988 at 7 a. m. she had gone to answer the call of the nature but did not return and on search the utensil which she had carried was found near the bamboo bush but she was found traceless. Search was made at her parents' place but she was not found. On 9. 8. 1988, appellant No. 1 gave report to the Police Station, Damua. On 10. 8. 1988, the brother-in-law of appellant No. 1 Ramesh was informed by one Metia Bai that dead body of Phoolwati is floating in her well. Report of the incident was given to the police station and on receipt thereof, P. W. 7 Narendra Prasad Dwivedi came to the place of occurrence, prepared the inquest memo and sent the dead body for post-mortem examination.

(3.) POLICE after usual investigation submitted charge-sheet against the appellants and they were ultimately committed to the Court of Sessions to face the trial. Appellants denied to have committed any offence and their plea was that Phoolwati had gone to well to fetch water and she slipped in the well and ultimately died. Prosecution in support of its case had altogether examined seven witnesses. Two defence witnesses have also been examined.