KUMARI OMLI Vs. STATE OF M P

JUDGEMENT

(1.) IN this appeal the appellant Kumari Omli has challenged her conviction under Section 201 of Penal Code for which she has been sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500. 00, in default of fine, to undergo further rigorous imprisonment for one year, in Sessions Trial No. 82 of 1985, decided on 5th September, 1989, by the Additional Sessions Judge, Surguja (Ambikapur ).

(2.) DECEASED Saroj was the wife of the co-accused Omprakash whose burnt dead body was found on 1. 6. 1985 in the latrine of the co-accused Sagarmal, the father-in-law of the deceased. Mst. Saroj was married to Omprakash in May, 1984. According to the prosecution, she was always ill-treated by her husband, Omprakash and his family members for bringing inadequate and insufficient dowry and it is alleged that for this reason, all the family members strangulated her to death on 1. 6. 1985 and later, after putting her dead body in the latrine of the house, set fire to the dead body with a view to give an impression that she had committed suicide. Her husband Omprakash made a report in the Police Station, Ambikapur that she had committed suicide. During investigation, several incriminating articles were seized.

(3.) DR. P. K. Shrivastava (P. W. 11) along with Dr. Phadnis performed the autopsy over her dead body in the Government hospital, Ambikapur, who as per Post-mortem Report (Ex. P-16), found that Saroj had suffered 90 per cent burn injuries. In the opinion of the doctor, the cause of death was asphyxia.