KAILASH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT Kailash stands convicted for offences punishable under Sections 498-A and 304-B, IPC and sentenced to RI for ten years for the offence punishable under Section 304-B, IPC by the impugned judgment and order dated July 14, 2000, passed by Sessions Judge, Chhatarpur, in Sessions Trial no. 132/99. No separate sentence has been awarded for the offence punishable under Section 498-A, IPC.

(2.) THE prosecution case, in brief, is that the marriage of deceased uma Devi was solemnised with appellant Kailash on 4-5-97. Acquitted accused smt. Shyam Bai is the aunt of appellant. In the wee hours of 18-3-99 the dead body of deceased was found in a well located in the house of the appellant. Thus, the death of Uma Devi occurred otherwise then under normal circumstances. It is alleged by the prosecution that the deceased was subjected to cruelty or harassment by her husband Kailash and acquitted accused for or in connection with demand of dowry.

(3.) INQUEST was conducted and the dead body of Uma Devi was sent for post-mortem examination. The post-mortem examination was conducted by Dr. R. G. Kotia (P. W. 1) who found an anti mortem lacerated wound on occipital region of the body and blood was oozing out from the wound. Dr. Kotia opined that cause of death of Uma Devi was asphyxia due to drowning. In his opinion approximate time of death was within 12 - 24 hours of the postmortem examination. Ex. P-l is the report of Dr. Kotia. During investigation a rope and one steel Gund were recovered from the spot.