SANTOSH SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment dated 15.9.04 delivered by the then 3rd Addl. Sessions Judge (Fast Track), Guna in Sessions Trial No. 214/98 whereby each of the appellants have been Cr. A. 585/2004, Decided on 10.2.2012 from the Judgment dated 15.9.2004 passed by Addl. Sessions Judge (Fast Track) Guna in S. T. No. 214/98. Whereby Each Of The Appellants have been convicted under Sections 304B of IPC and sentenced to undergo R. I. for ten years and fine of Rs. 1,000/- in default of payment of fine, the appellant were directed to undergo RI for 6 months. No sentence under Section 498A was imposed being a lesser offence of Section 304B IPC according to Section 71 of IPC. In short the prosecution case is that Kamlesh Bai (since dead) was married to Chandrapal on 2.6.96 and she started living with Chandrapal (husband), Santosh Singh (father-in-law) and Rabadbai (mother-in-law). They were residing at Village Nagda it is alleged the accused persons were demanding Rs. 50,000/- in cash as dowry and they started beating and ill treating Kamlesh Bai. Even demand was made from the family members of Kamlesh Bai on 29.4.98 Kamlesh Bai met her father Badal Singh (PW 1) and made complaint that accused persons were demanding cash and dowry and they were doing Marpeet with her and they were also not providing her food and clothes. On 3.7.98 at 7 PM, Kamlesh Bai was brought in burnt condition to the District Hospital, Guna. On the request of police, on 4.5.98 at 1.45-2 AM dying declaration of Kamlesh Bai (Ex. D/2) was recorded by Naib Tahsildar which was found to be under the influence of accused persons. On 4.5.98 Kamlesh Bai expired. So, her death was intimated vide Ex. P/3, and the Police Station-Kotwali, Guna recorded Marg (P/7). Marg Case No. 044/98 was sent to Police Station-Sirsi where on 6.5.98 Marg (P/4) was recorded. On 5.5.98 dead body of Kamlesh Bai was sent for postmortem examination and postmortem report vide Ex. P/1 was received. On 6.5.98, spot map (P/9) was prepared and burnt pieces of blouse and an iron chimney were seized vide Ex. P/10 from accused Chandrapal. After investigation, PS Sirsi registered FIR (P/6) vide Crime No. 17/98 under Sections 304B and 498A IPC against the accused persons. Accused persons were arrested and after usual investigation, charge sheet was filed. On 11.12.98, charges under Section 304B and 498A were framed against the accused persons by the then learned Sessions Judge, Guna.

(2.) Accused persons abjured the guilt contending that they have been falsely implicated. It was pleaded by them that the incident was accidental and deceased herself made dying declaration (Ex. D/2) to Naib Tahsildar Lachhiram (DW. 4). In defence other witnesses Brajbhan Singh (DW. 1), Shivcharan (DW. 2) and Krapan Singh (DW. 3) were examined.

(3.) To substantiate its case, prosecution examined Badal Singh (PW. 1) father of deceased, Bhura (PW. 2) cousin of deceased, Shishupal (PW. 3) brother of deceased, Anita (PW. 4) elder sister of deceased, Dr. Sudhir Rathore (PW. 5), Krapan Singh (PW. 6), Dr. Y. S. Raghuvanshi (PW. 7), Banwarilal (PW. 8) Head Constable, Mahesh Chandra Shukla (PW. 9) Asstt. Sub-Inspector of Police, Bhagwan Singh (PW. 10) neighbour of accused persons, Hazarilal Verma (PW. 11) Head Constable and Pankaj Shrivastava (PW. 12) SDOP and Investigating Officer of the case.