SESHNARAYAN Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 27.02.2007 passed by Second Additional Sessions Judge, Mandla in S.T.No.89/2005 whereby the appellants have been convicted under Sections 304-B and 498-A of the I.P.C. and sentenced to R.I. for 10 years and R.I. for one year with fine of Rs.500/- respectively with default stipulations.

(2.) It is undisputed that appellant No.1 is husband of deceased Babli and appellants No.2 and 3 respectively are father-in-law and mother-in-law of deceased Babli. It is also undisputed that marriage of appellant No.1 was solemnized in the year 2000 with Babli at Village Samaai, P.S. Nawabganj, District Allahabad.

(3.) Facts in short are that on 30.12.2004, Brahma Prakash Dwivedi (P.W.-2) father of deceased Babli received a telephone call that his daughter Babli committed suicide, then he rushed to Mandla on 31.12.04 and found that his daughter Babli was found in hanging condition. Some how, the matter was reported to the Police Station Maharajpaur. Police came there and prepared the inquest panchnama (Ex.P-3) and prepared the spot map (Ex.P-5). Dead body of Babli was sent for post mortem examination. Dr. Manoj Muraali (P.W.-6) has performed the post mortem examination on the dead body of Babli and opined that Babli died due to asphyxia, as a result of hanging. The post mortem report is Ex.P-13.