RAKESH TIWARI Vs. STATE OF M P

JUDGEMENT

(1.) Since both the appeals arise out of the common impugned judgment, this judgment shall govern disposal of both the appeals.

(2.) Appellants have filed the above appeals against the judgment dated 12th July,2005 passed by I Additional Sessions Judge, Khandwa East Nimad (M.P.) in Sessions Trial No.23/2003 convicting appellant Rakesh Tiwari under section 302 of the Indian Penal Code and sentencing him to imprisonment for life with fine of Rs.5000/-. In default of payment of fine further rigorous imprisonment for one year, and convicting appellants Ramesh Tiwari, Smt.Kusumlata Tiwari and Ku.Snehlata Tiwari under section 498-A of the Indian Penal Code and sentencing them to rigorous imprisonment for 2 years with fine of Rs.1000/-. In default of payment of fine, further rigorous imprisonment for 6 months. Appellants Smt. Kusumlata Tiwari and Ku. Snehlata Tiwari have further been convicted under section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for 3 years. All the jail sentences have been directed to run concurrently.

(3.) In short, the prosecution case is that Jyoti, the daughter of Naval Kishore (PW-13) was married to appellant Rakesh Tiwari on 30.6.2002. After marriage, Rakesh Tiwari, her father-in-law Ramesh Tiwari, mother-in-law Kusumlata Tiwari and sister-in-law Snehlata Tiwari made demand of dowry and on not meeting the said demand, subjected her to cruelty. On 30.9.2002, early in the morning in the room of husband Rakesh Tiwari, Jyoti was found dead. On the same day, at about 6:45 a.m., accused Rakesh went to police Kotwali, Khandwa and tendered information that in the night of 29.9.2002, he slept with his wife in the same room, but in the morning at about 6:15 a.m. when he woke up he saw that his wife Jyoti had committed suicide by hanging on the ceiling fan with the help of her saree. On this information, head constable Gulab Singh Kajle (PW-12) recorded marg intimation Ex.P/13. When this information was sent to Sub Divisional Magistrate, Khandwa, on his direction Additional Tehsildar/ Executive Magistrate Smt. Usha Singh (PW-6) reached house No.9/24 Police line Khandwa where accused persons resided and prepared inquest memorandum Ex.P/2. Investigating Officer, after inquest, sent the dead body to district hospital Khandwa for postmortem examination. In the course of inquiry, statements of witnesses including brothers and brother-in-law of deceased were recorded.