YOGESH SUNARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is filed by the appellants being aggrieved by the judgment dated 24/07/2010 passed by the 12th Additional Sessions Judge, Jabalpur in ST No.545/2009 whereby each of the appellants was convicted of offence punishable under Sections 304 -B/34, 498 -A/34 of IPC and Section 4 of Dowry Prohibition Act and sentenced to seven years' RI, three years' RI with fine of Rs.2000/ - and two years' RI with fine of Rs.1000/ -. The default sentence was also imposed in lieu of payment of fine.

(2.) PROSECUTION case, in short, is that deceased Kanchan was the wife of appellant No.1 and daughter -in -law of remaining appellants. The marriage of deceased Kanchan took place on 6.5.2006. On 10.6.2009 she was found hanged in her room situated at the house of the appellants in the jurisdiction of Police Station Ghamapur, Jabalpur. On Merg intimation given by the appellant Yogesh Sunare, the Police Officers went to the spot and removed the dead body of the deceased from the piece of Sari and kept the dead body of the deceased on the floor of the room and thereafter the room was closed and sealed. The memo Ex.P -7 relating to sealing of the room was prepared. Thereafter the room was opened before the parents and relatives of the deceased and memo Ex.P -5 was prepared to open the door. Thereafter the dead body of the deceased was sent for the postmortem. Dr. Chandra Shekhar Waghmare (PW -5) had performed the postmortem on the body of the deceased and gave his report Ex.P -4. He found that the deceased died due to asphyxia caused by hanging. Thereafter the parents and relatives of the deceased have stated that the deceased was being tortured by the appellants for dowry demand etc. After due investigation, the charge sheet was filed before the JMFC Jabalpur, who committed the case to the Sessions Court, Jabalpur and ultimately it was transferred to the 12th Additional Sessions Judge, Jabalpur.

(3.) THE appellants -accused abjured their guilt. They took a plea that the deceased was kept with comfort. There was no dowry demand from the side of the appellants and after the death of the deceased they were falsely implicated in the matter. In defence Sharad Wagdare (DW -1), Kusum Bai (DW -2) and Shyam Bai (DW -3) were examined.