DULESINGH Vs. STATE OF M P

JUDGEMENT

(1.) BY this common judgment, both Crl. Appeal Nos. 684/94 (Dulesingh and Ors. v. State), and 685/94 (juwansingh v. State) are being decided. These appeals Under Section 374 of the Code of Criminal Procedure have been filed by the appellants against the judgment dated 7. 10. 1994 rendered by the learned Additional Sessions Judge, Ratlam in Sessions Trial No. 88/94 thereby convicting the appellant Juwansingh for the offence Under Section 302, IPC and appellants Juwansingh, Dulesingh, Umraosingh Arjunsingh and Bherusingh for the offence Under Sections 201/302, IPC and sentencing the appellant Juwansingh to imprisonment for life with fine Rs. 1,000/- Under Section 302, IPC and appellants Juwansingh, Dulesingh, Umraosingh, Arjunsingh and Bherusingh to undergo R. I. for four years with fine Rs. 500/- each. In default of payment of fine, appellant Juwansingh shall suffer additional imprisonment for one year Under Section 302, IPC and six months' imprisonment Under Sections 201/302, IPC. In default of payment of fine, the remaining appellants shall suffer additional imprisonment for six-months. The substantive sentences of appellant Juwarisingh shall run concurrently.

(2.) BRIEFLY stated, the facts of the prosecution case as unfolded before the Trial Court were that the deceased Puribai was married with appellant Juwansingh before ten to twelve years from the date of her death in the intervening night of 14th and 15th February, 1994. After marriage, she was ill-treated by the appellants because she was sick and having stomach trouble. She lived with her parents for four to five years where she was got treated for her ailments, After her marriage till her death, she had gone 4 to 5 times on different occasions at her matrimonial home and lastly she was taken before two and a half years by her brother-in-law (Jyeshtha) Bherusingh appellant and PW 13 Savsingh. On 13. 2. 1994 PW 12 Bhairosingh father of deceased Puribai came to the house of the appellants and asked them for sending Puribai with him to which the appellants had agreed to send her on Monday. Though on Monday; BIDAI ceremony was performed, but thereafter, PW 12 Bhairosingh s/o Kachrusingh was requested to stay for one more day and to go in the next day morning. Bhairosingh agreed to this proposal and after taking meals went to sleep in the nearby house. On the next day early in the morning appellant Dulesingh came to him and informed that Puribai breathed her last in the night because of stomach pain. Information about her death was given to Village Kotwar PW 10 Kanaji who had sent his son PW 1 Kachru to the Police Station, on the basis of which MARG intimation (Ex. P/l) was recorded. Funeral of the dead body of Puribai was performed by the appellants before arrival of the police. Police reached in the village the same day and recorded the statements of several witnesses. Thereafter ASI Pandey gave intimation to the Sub-Inspector PW 17 Kailash Nahta on 19. 2. 1994 who had again enquired into the matter and registered the offence vide Ex. P/14 {first Information Report ).

(3.) CHARGE-SHEET was filed Under Sections 302 and 201 of the Indian Penal Code against the appellants. The appellants denied the charges and, therefore, they were put on trial and the learned Trial Judge, finding them guilty, convicted and sentenced them as indicated above.