MURARI LAL Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellants have preferred the present appeal being aggrieved with the judgment dated 26.2.1997 passed by the learned Second Additional Sessions Judge, Katni in S.T.No.146/1996, whereby each of the appellants were convicted for offence punishable under Section 306 of IPC and sentenced with 5 years Rigorous imprisonment with fine of Rs.250/ -. In default of payment of fine, one month rigorous imprisonment was directed in addition.

(2.) THE facts of the case, in short, are that, the deceased Guddi Bai was married to the appellant No.1 Murari Lal, 5 years prior to her death. She was sister -in -law of the remaining appellants. She died on 12.1.1996 due to burn injuries. Her dead body was sent for postmortem and Dr.Anita Jain (P.W.14) and Dr.Naresh Saraogi (P.W.15) had performed the postmortem on the body of the deceased Guddi Bai and they found that she died due to burn injuries. On 14.1.1996, Ramlal (P.W.2) gave a written report, Ex.P/1 that the deceased was being harassed by the appellants about dowry demand and she was being assaulted for that demand and therefore, she committed suicide. After due investigation, the charge -sheet was filed and case was committed to the Sessions Court and ultimately, it was transferred to the learned Second Additional Sessions Judge, Katni.

(3.) THE appellants abjured their guilt. They denied that the deceased was harassed for dowry demand. In defence, one Nathulal Mishra (D.W.1) was examined to show that the dispute between the deceased and her husband was not referred to him. He was a reputed person of the society and if there was any dispute then, certainly it would have been referred to him.