DWARIKA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment and order of sentence dated 30/3/2012 passed by the First Additional Sessions Judge, Satna in ST No.157/2010, whereby the appellant was convicted for commission of offence punishable under Section 306 of IPC and sentenced for five years' rigorous imprisonment with fine of Rs.500/-. In default of payment of fine amount, he was to undergo for one month's RI in addition.

(2.) THE prosecution's story, in short, is that the appellant and co-accused Kamlendra Singh were habitually harassing the deceased Pooja Singh. On 18.8.2009 Pooja Singh left her house situated at Village Atra (Police Station Nagod District Satna) for Bhopal to continue her studies of BCA. Ilu @ Pratiksha (PW-1) and her mother Vidhya Singh (PW-8) went to see off the deceased in a jeep owned by one Ramu for Satna and catch Rewanchal Express to go to Bhopal. On 21.8.2009 Neelu Singh cousin of the deceased informed Vidhya Singh and her husband Jagatdhari Singh (PW-2) that the deceased did not reach Bhopal. Thereafter, Jagatdhari Singh started his search for the traces of the deceased. At Police Station GRP Satna he was informed that a dead body was found on 19.8.2009 and the postmortem of that body took place on the same very day and ultimately it was buried. Jagatdhari Singh identified the dead body of the deceased with the help of her clothings and photographs of the dead body. A memo Ex.P-1 was prepared. Thereafter the complainant Jagatdhari gave a complaint Ex.P-3 to the police about the incident in which the appellant and co- accused Kamlendra Singh were prime suspects. After due investigation, it was found that the appellant and co- accused Kamlendra Singh tried that the deceased should not go to Bhopal, and therefore they took her mobile phone, bag and left her alone and thereafter she committed suicide. After due investigation, a charge sheet was filed before the JMFC Satna, who committed the case to the Sessions Court, Satna and ultimately it was transferred to the First Additional Sessions Judge, Satna.

(3.) I have heard the learned counsel for the parties.