RAKESH Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment dated September 30, 2009 passed by the learned Additional Sessions Judge to the Additional Sessions Judge, Katni in Sessions Trial No. 24 of 2009 convicting under Section 498(A), Indian Penal Code and sentencing each of them to rigorous imprisonment for three years and with fine of Rs. 1000/- , in default of payment of fine, further to suffer imprisonment for one month.

(2.) In short, the facts of the case are that Sandhya, the deceased was married to appellant Rakesh about three years before her death, which took place on April 22, 2008. It is said that after marriage appellant Rakesh, his mother Sitabai, father Ramkumar and sister Anjana Patel, other three appellants, subjected her to cruelty for not meeting the demand of motorcycle and Rs.25,000/- in dowry. Whenever Sandhya visited to her parent's house, she made complaint to her parents, sister and other relatives about the same. Ultimately on April 22nd 2008, she consumed pesticide, which generally meant to spray on the plants of the lady finger vegetable.

(3.) Marg report (Ex.P-9/10) was lodged by Ramkumar, at P.S. Madhav Nagar. During investigation dead body of Sandhya was sent for postmortem examination with request letter (Ex.P-4A) by C.S.P. Shri Rajesh Raghuwanshi (PW/11) to district hospital Katni. Dr. B.B. Singh (PW/3) with colleague Dr. Sunita Verma, conducted postmortem and submitted report (Ex.P-4). Shri Raghuwanshi (PW/11) proceeded to the spot, open doors of house, prepared memo (Ex.P-5), where deceased consumed pesticide, where household utensils, clothes found. He also seized vomit polluted soil and Tin box labeled Endosulphan 35% E.C. vide memo (Ex.P-6) and prepared spot map (Ex.P-7). After his transfer, remaining investigation performed by Shri Rajesh Tiwari (PW/11), who recorded the statement of Sandhya's mother Savitribai, father Sadhuram, sister Madhuri and other relatives and on basis of available evidence registered F.I.R. (Ex.P-16). After completing the investigation, he placed the charge sheet before the competent court for offense punishable under section 304(B) of I.P.C.