DEEPAK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellants being aggrieved by the judgment and order of sentence dated 12/7/1996 passed by the Additional Sessions Judge, Harda in ST No.193/1994, whereby the appellants were convicted for commission of offence punishable under Section 306 read with Section 34 of IPC and sentenced for five years' rigorous imprisonment with fine of Rs.5000.00 each. In default of payment of fine amount, they were to undergo for one year and three months' simple imprisonment in addition.

(2.) DURING the pendency of the appeal, the appellant No.4 Radheyshyam had expired, therefore his name was deleted from the cause title of the appeal. It is admitted that the deceased was married to the appellant No.1 Deepak, whereas the appellant No.3 Smt. Shanti Bai, the appellant No.2 Satish and the appellant No.5 Gyaneshwari Bai are the mother, brother-in-law and sister of the appellant Deepak.

(3.) THE appellants-accused abjured their guilt. They did not take any specific plea, but they have stated that the deceased was kept with comfort. The deceased and the appellant Deepak were residing in a locality where their house was surrounded by the houses of the reputed persons and there was no information gathered by the police from those persons about any misconduct or harassment done to the deceased. The marriage of the deceased took place in a collective marriage ceremony of the community and no dowry was demanded by the appellants. The deceased died due to illness. However, no defence evidence was adduced.