DURGESH SINGH BHADAURIA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant Criminal Appeal is preferred under Section 374 (2) of CrPC, challenging the conviction and sentence dated 12.4.2007 passed by Fourth Additional Sessions Judge, Gwalior (MP) in Sessions Trial No. 112/2006, whereby appellant has been convicted under Section 302/34 of IPC and sentenced to undergo life imprisonment, with fine of Rs.1000/- and in default of payment of fine, to undergo further RI for three months.

(2.) It is pertinent to mention here that in the present case, co-accused Smt. Munni @ Hemlata Tomar and Ku. Shikha Bhadauriya are still absconding.

(3.) The facts necessary to be stated for disposal of the instant appeal are that deceased Archana was the wife of the appellant. Her marriage with the appellant was solemnized on 9.5.2004 and dowry was also given at the time of marriage. The deceased was residing with her husband and in-laws in the house situated at B-1188, Anand Nagar, Gwalior. The appellant and his family members were committing cruelty with her in regard to demand of dowry. The deceased had communicated cruel behaviour of her husband and his family members and 6-7 days prior to the date of incident she called her brother Raje and conveyed the demand of dowry made by her husband and his family members. The deceased's brother assured her to manage the demanded dowry items and he returned back. On 24.11.2005 the deceased was admitted in KRG Hospital, Gwalior. As per information received from the hospital, Police Station Bahodapur entered the information in Rojnamcha Sahna No. 1489 on 24.11.2005. Dying declaration of the deceased was recorded wherein the deceased had specifically mentioned each and every fact regarding commission of offence by the appellant. Police Station Bahodapur registered FIR in Crime No. 500/2005 for commission of offence under Sections 307, 498(A) of IPC. During investigation on 28.11.2005 deceased Archana passed away. On account of her death merg was registered, which is Ex.P/1. 'Lash Panchnama' (Ex.P/2) was prepared. Map of place of crime is Ex.P/8. Burnt clothing along with one match box were also seized. After investigation, charge sheet was filed for commission of offence punishable under Sections 498(A), 307 and 304(B) of IPC.