SURAJ CHANDRAWANSHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants preferred this appeal under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment dated 6.8.2004 passed by 1st Additional Sessions Judge, Shahdol in Sessions Trial No.43/2004, whereby each of the appellants has been convicted and sentenced as under:- <STYLE TYPE="text/css"> <!-- .style1 {font-family: Verdana} --> <FRM>JUDGEMENT_203_TLMPH0_2013_1.html</FRM>

(2.) It is not in dispute that Chandrawati (since deceased) was married to accused/appellant No.1 Suraj. Accused/appellant No.2 Kedarnath is her father-in-law whereas Balakdas (PW.4), Shankarlal (PW.5) and Amardas (PW.6) are her brothers.

(3.) Brief facts of the case are that on 18.6.2003 at about 6:30 pm, accused Kedarnath had given an oral information at Police Station Amarkantak, District Shahdol that he is a resident of Village Karondi of Police Station Rajendragram. His son Suraj Chandrawanshi (accused/appellant No.1) was serving in Kalyan Ashram and was living in Van Udyan, Amarkantak alongwith his wife Chandrawati. As he was unwell, he had come to the house of his son Suraj at Amarkantak in connection with his treatment before 10 12 days. His daughter-in-law Chandrawati, wife of accused Suraj, was also suffering with fever for about 3 4 days and her treatment was going on at Kalyan Ashram, Amarkantak. On 10.6.2002, his son Suraj had gone to the hospital to perform his duty whereas her daughter-in-law Chandrawati was at home. He (Kedarnath) was feeding his younger grand son in an other room whereas Chandrawati was sleeping next to the room of his daughter and son-inlaw. He had seen Chandrawati sleeping at about 11 am and after about one hour, when he again saw Chandrawati, she was not there. When accused Suraj returned from the duty at 12 pm, he also tried to search his wife. In the evening at about 4:30 pm, he went to the well in connection with her search, put the KANTA with rope in the well and pulled out the dead body of the deceased from the well. On the basis of the information, Head Constable Mangal Prasad (PW.3) had registered Marg Intimation (Ex.P/4) and the investigation commenced by Station House Officer Ashok Kumar Mishra (PW.10). He immediately alongwith staff proceeded towards the spot. He had found dead body in PARCHHI of room of appellants. He prepared Inquest Panchnama (Ex.P/6) in presence of the witnesses. As the death of Chandrawati was suspicious, her dead body was sent for postmortem to Primary Health Centre, Amarkantak. Spot map (Ex.P/11) was prepared. Postmortem of dead body was performed vide Ex.P/1 by Dr.S.K.Singh (PW.1), who opined that the deceased died due to asphyxia resulting from compression of chest and blockage of air passage. During investigation, it had come in the evidence that Suraj and Kedarnath (husband and fatherin-law of deceased) used to make demand of Motorcycle and compensation amount received on her father's death from Chandrawati and when she could not fulfill their demand, they committed her murder and with intention to disappear the evidence threw her dead body into a well of Shaskiya Udyan. Crime under Sections 302, 201/34 of IPC and Section 3/4 of Dowry Prohibition Act was registered against the accused persons and first information report Ex.P/13 was reduced in writing. Statements of witnesses were recorded. Copy of FIR was sent to the Judicial Magistrate First Class, Rajendragram, District Anuppur. The accused persons were arrested.