RAMSURESH SAHU Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 02.03.2005 passed by II Additional Judge, Sidhi to the Court of I Additional Sessions Judge, Sidhi in Sessions Trial No.139/2004 convicting the appellant under sections 304-B and 498-A of the Indian Penal Code and sentencing him to imprisonment for life and rigorous imprisonment for 3 years with fine of Rs.5000/- on each count, respectively. In default of payment of fine further rigorous imprisonment for 6 months.

(2.) In short, the prosecution case is that Munni @ Gita Bai was married to appellant in the year 1999. On 19.3.2004, she died otherwise than under normal circumstances in the house of her husband in village Paraie district Sidhi. Rammani (PW-3), the cousin of appellant, gave an intimation to police station, Chitrangi that at about 8 o'clock in the morning, Gita @ Munni along with her motherin-law had gone to reap the crops on the field. She came back home at about 11 o'clock. While she was cooking she felt pain in her heart, she came out and asked for some water. While she was being taken to Sidhi for treatment she died. A marg report Ex.P/4 was recorded on the said information. Police conducted inquest proceedings and recorded statements of witnesses. The dead body of deceased was sent for postmortem examination to district hospital, Sidhi. On 24.3.2004 Nandlal Sahu (PW-1), the father of deceased, submitted an application to Superintendent of Police making accusation against the accused persons of having caused dowry death of his daughter. When this report was received by station officer of police station, Chitrangi, on 12.6.2004 an offence under sections 498-A, 304-B/34 I.P.C. and section 3/4 of Dowry Prohibition Act was registered against the appellant and his father Chandrashekhar Sahu. During investigation, statements of witnesses were recorded by the police and after completion of investigation, charge sheet was filed and the case was committed for trial.

(3.) Charges under sections 498-A, 304-B and 306 of the Indian Penal Code were framed against the appellant and Chandrashekhar Sahu. They abjured their guilt and pleaded false implication contending that they were innocent and that deceased had died due to some ailment. They also examined Vishal Sahu (DW-1) in their defence.