BABU KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have filed the appeal being aggrieved by the judgment dated 24.9.2003 passed by First Additional Sessions Judge, Mandsaur in Sessions Trial No.28/2003 whereby they have been convicted under section 302/34 and sentenced to undergo life imprisonment and discharged u/s 201 IPC and sentenced to undergo life imprisonment with fine of Rs.500-500. The appellant Babu Khan has been convicted under section 201 IPC and sentenced to 2 years RI with fine of Rs.1000/; 6 months RI in default. During pendency of this appeal Babu Khan has withdrawn this appeal and Hussaini Be expired.

(2.) As per prosecution story Suraiya d/o Munnat and Munnan and Jubeta was married with accused Babu 7 years ago from the date of incident. It was second marriage of Babu Khan. After the marriage Babu Khan has started torturing her. Hussaini-mother-in-law, Femita- Nanad and Halima-Jetani used to quarrel with her on petty issues and assaul her. Two years ago, from the date of incident Babu Khan left Suraiya to her maternal house. On 9.12.2002 Suraiya came to her house of father and mother along with children. At 2 p.m P.W.-12 Nadira the younger sister of Suraiya went along with her to the house of appellant where the appellants have again started quarrel with her. Babu Khan assaulted her by way of iron pipe and Nadira tried to save her. After hearing the voice of quarrel the local residents gathered there. Chhotibai saw that Suraiya was caught hold by Halima, Hussainia and Famida. Lalima had administered something in the Suraiya's mouth and she was shouting "save me, save me" . Thereafter Babu Khan admitted Suraiya in the District Hospital with an information that she has consumed poisonous substance. During treatment she died. Dr.S.K. Mehta PW/8 gave an information to the police station City Kotwali, Mandsaur. On the basis of such information Ex.P/5 a Marg 77/2002 was registered. The investigation was assigned to CSP Awadesh Goswami. After investigation these appellants were found committing the offence. Accordingly, FIR was registered at crime No.70/2002. The postmortem was conducted, and viscera was preserved and as per the viscera report Suraiya died because of consumption of organo phosphorous pesticide. After completing investigation charge sheet was filed u/s 302 & 201 I.P.C. against all the accused . The appellants denied the charges and pleaded for trial.

(3.) In order to prove the charges the prosecution examined as many as 13 witnesses and got exhibited 21 documents as Ex.P/1 to P/21. In defence the accused appellants did not examine any witness but got exhibited statement of Munan and Jubeta as Ex.D/1 & D/2 in cross examination of prosecution witness.