ABID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 10.9.2009 passed by the learned Additional Sessions Judge, Amarwada, District Chhindwara in S.T.No.18/2008, whereby the appellant was convicted for the offence punishable under section 304-B and 498-A of IPC and sentenced for 7 years' rigorous imprisonment for the offence punishable under section 304-B of IPC, whereas no separate sentence was directed for the offence punishable under section 498-A of IPC.

(2.) The prosecution's case, in short, is that, on 29.10.2007, Peer Ali (P.W.2) has lodged a merg intimation at Police Station Amarwada, District Chhindwara that his sister Shabana, who was married with the appellant was found sick and therefore, she was taken to Amarwada by a tractor. Since the deceased Shabana expired during the transit, therefore, the tractor was returned back to the house of the appellant. The appellant informed his mother-in-law Gulshan Bee (P.W.11) that the deceased had consumed some poison. In the inquest, a Panchayatnama lash, Ex.P/4 was prepared and dead body of the deceased was sent for the post-mortem. Dr.Sadhna Patel (P.W.1) along with Dr. Sudhir Kumar Shukla did the post-mortem upon the body of the deceased Shabana and gave a report, Ex.P/1. It was found that the deceased died due to consumption of some poisonous substance and therefore, viscera of the deceased was preserved. Viscera was handed over to the concerned constable for its forensic science analysis in a sealed position. Her vaginal swab was also taken on a slide. Forensic Science Laboratory in its report, Ex.P/18 found that in viscera of the deceased, Celphos was found and in her slide of vaginal swab, semen particles were found. When the parents and relatives of the deceased were examined by the police, they alleged against the appellant about dowry demand and harassment. A case for the offence punishable under section 304-B of IPC was registered by the police. After due investigation, a charge-sheet was filed before the JMFC, Amarwada who committed the case to the Sessions Court, Chhindwara and ultimately, it was transferred to the Additional Sessions Judge, Amarwada, District Chhindwara.

(3.) The appellant abjured his guilt. He did not take any specific plea in the case but, he has stated that he was falsely implicated in the matter. He kept his wife with comfort. Since he made physical relations with his wife in the previous night, therefore, semen particles were found in her vaginal swab. It was also submitted by the appellant that his wife was suffering from some kidney problem and she died due to that disease. Documents, Ex.D/3 and Ex.D/5 to Ex.D/7 were submitted to explain about the treatment of the deceased. The appellant examined himself as a defence witness.