VIJAY SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BEING aggrieved by the judgment dated 21.09.2001 passed by the Sessions Judge, Bhind in Sessions Trial No. 148/1999 by which the learned Trial Court convicted the accused/appellant Vijay Kori for the offence under Section 302 of IPC and sentenced him to imprisonment for life and imposed a fine of Rs.10,000/ -, the accused/appellant has filed this jail appeal under Section 374 of Cr.P.C. challenging the legality and validity of the conviction and sentence.

(2.) IT is not disputed that the deceased Geeta Bai was the daughter of Maya Devi (PW -7) and Moongaram (PW -8). The marriage of Geeta Bai was solemnised with the appellant Vijay Singh in the year 1997. Accused No. 2 Chandrabhan and No. 3 Sukhdevi are the parents of the appellant. Accused No. 4 Ganga Singh, No. 5 Bona @ Jayasiram and No. 6 Rajendra are the brothers -in -law of the deceased. It would be appropriate to mention here that accused No. 2 to 6, Chandrabhan, Sukhdevi, Ganga Singh, Bona @ Jayasiram and Rajendra respectively have been acquitted by the learned Trial Court in all the charges. It would be also relevant to mention here that the appellant/accused was also levelled charges for offence under Section 498(A) and 304(B) of IPC but he has been acquitted for these charges.

(3.) ON committal, the learned Session Court levelled charge against all the accused persons under Sections 498(A) and 304(B) of IPC and in alternatively under Section 302 of IPC against Vijay Singh and under Section 498(A) and Section 304(B) and in alternative under Section 302 read with Section 34 of IPC against all other accused persons. The accused persons abjured guilt. The accused persons pleaded that Raghvendra @ Pinakiya (younger brother of deceased Geeta Bai) took a loan of Rs.20,000/ - from appellant Vijay. When it was demanded, he did not return the money. After the death of Geeta Bai, the accused persons are falsely implicated. The witnesses are relatives of the complainant party. Therefore, they have given the false statements against the accused persons.