JAHAR SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant- accused has filed this appeal being aggrieved by the judgment dated 10 th March 1997 passed by the Additional Sessions Judge, Khurai, district Sagar in Sessions Trial No. 260/1994 convicting and sentencing him under Sections 304-B and 498-A of IPC for RI seven years with fine of Rs.1000/- in the earlier Section, while RI two years with fine of Rs.500/- in the later with stipulation of additional jail punishment in default of depositing the fine amount.

(2.) The facts giving rise to this appeal in short are that on 30.7.1994 at P.S. Malthon, district Sagar an information regarding death of Mamta bai, W/o of the appellant was received from Government Hospital, Malthon, on which the inquest report was registered. In its enquiry, after preparing the the memorandum or dead body, the same was sent for postmortem. The same was carried out and its report was prepared. In its further enquiry, it was established that the deceased in her life time and soon before death was subjected to cruelty on account of demand of dowry by theappellant and due to that she died dowry death, on which Crime No. 62/1994 was registered at the aforesaid P.S. on 29.8.1994 against the appellant and his father Daryao Singh for the offence under Section 304-B and 498-A of IPC. After arresting the appellant and the co-accused the witnesses were interrogated and other formalities of the investigation were carried out. On establishing the prima facie offence against the appellant and his father, they were charge sheeted for the offence of Section 304-B of IPC.

(3.) It is noted that during course of initial enquiry carried out by the Police after reaching Mamta to Hospital and before death her dying declaration, (Ex. P-3) was also recorded by Dr. K.K. Sohit, (PW-1). In such enquiry, her interrogation, (Ex. P-13) was also recorded by Gopal Singh, Head Constable (PW-3). One more dying declaration (Ex. D-1) was recorded by the Tahsildar namely Asgar Ali, (PW-1). It is apparent from all such dying declarations that the deceased had not implicated to the appellant or to the acquitted co-accused Daryao Singh in any of the offences.