SHRIPATI ALIAS SHRIPRASAD Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 30th August, 2003 passed in Sessions Trial No. 119/97 (State of M.P. Vs. Parikshit Kushwaha and two Others) by the learned Second Additional Sessions Judge (FTC), Datia, convicting the appellants under Section 306 of IPC and thereby sentencing each of them to suffer four years rigorous imprisonment with fine of Rs. 1,000/-, in default, further imprisonment for three months, the appellants have preferred this appeal under Section 374 of the Code of Criminal Procedure, 1973.

(2.) The prosecution story, in short, may be narrated as under:-

(3.) The learned Trial Court on the basis of material placed on record framed charge punishable undersection 304-B of IPC and in alternative under Section 302 of IPC against all accused persons including the appellants. The acquitted co-accused and the appellants denied the charge and claimed to be tried. The defence of all the accused persons is of false implication. They pleaded that Keshkali fell sick, therefore. Dr. Rajesh Kumar (PW. 14) was summoned for giving treatment to Keshkali however she died, then her father-in-law Parikshit went to the Police Station and informed the incident and the same defence they set forth in their statements recorded under Section 313 of Cr.P.C.