SANTOSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is filed under Sec. 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and sentence dtd. 6/3/1999 passed by Additional Sessions Judge, Kannod, Dist. Dewas in Sessions Trial No. 122/1998 whereby the appellant has been convicted under Sec. 304-B of IPC and sentenced to RI for 10 years.

(2.) .The prosecution case is that on 5/6/1998, one Babulal had given intimation to Police Station - Kantaphod that Gulab Bai wife of Santosh had consumed poisonous substance. She died on the way when she was being taken to Indore. On the said intimation, a Merg No. 12/1998 under Sec. 174 of Cr.P.C. was registered. After recording the statement of mother, father and of the deceased, a case was registered against the husband Santosh and 2 other persons: mother-in-law and brother-in-law of the deceased. Since the deceased died because of unnatural death within a period of 5 years of her marriage for demand of dowry and, therefore, offence under Sec. 304-B of IPC was registered in Crime No.95/1998. After the investigation, the charge-sheet was filed and the case was committed for the trial.

(3.) The accused persons abjured their guilt and submitted that they have been falsely implicated. After the trial, 2 persons were acquitted and the appellant, who is husband of the deceased, has been convicted and sentenced as mentioned above. So far death of the deceased is concerned, the prosecution examined Dr. K.M. Jain (PW-4), who stated that he was posted on the post of Medical Officer in Primary Health Center - Kantaphod, had examined the deceased. The postmortem was carried out by Dr. R.K. Jain and Dr. Bulbul Sen. The cause of death was found to be asphyxia due to ingestion of some pesticidal drug. The postmortem report is Ex.P/1 which was proved by Dr. K.M. Jain (PW-4).