MAHESH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this appeal being aggrieved by the judgment dated 18-11-2005 passed by the First Additional Sessions Judge, Betul in S.T. No. 174/2004 whereby the appellant Mahesh has been found guilty of an offence punishable under Section 304 (B) of the I.P.C. and has been sentenced to seven years' R.I.

(2.) The prosecution case against the appellant is that the appellant, who is the husband of deceased Namita having married her on 11-5-2003, subjected her to cruelty alongwith his family members in furtherance of demand for dowry and that she died an unnatural death by hanging on 6-5-2004. It was alleged that demand of a motor-cycle and Rs.50,000/- cash as dowry was made by the appellant and his family members and on nonfulfillment of the same, she was subjected to physical abuse. On 6-5-2004 the appellant brought the body of the deceased to the hospital where she was declared dead on account of hanging.

(3.) The Court below, on the basis of the detailed analysis of the oral and documentary evidence on record, specifically that of Deojilal (PW-2) father of the deceased, Vijay Laxmi (PW-3) mother of the deceased, Bhanu Tawde (PW-7), brother of the deceased, Sitabai (PW-6) and Yogesh (PW-15), has recorded a finding of guilt against the appellant while all his other family members have been acquitted.