SARMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 5.2.1989 convicting the appellant under Sections 304-B and 302/201 IPC and sentencing him to suffer rigorous imprisonment for seven years and one year respectively and fine of Rs. 500/- in default, further rigorous imprisonment of one month, appellant has knocked the doors of this court by preferring this appeal under Section 374(2) of the Code of Criminal Procedure, 1973.

(2.) Appellant No. 1 Rambaran who was the husband of Moharshree (hereinafter referred to as the "deceased") breathed his last during the pendency of this appeal as result of which his name has been deleted from the array of appeal since the appeal was abated against him.

(3.) In brief, the case of the prosecution is that complainant Gangaram S/o Ramkishan is a resident of Gopalpura, Morena. His daughter, the deceased, got married two years earlier to the date of incident to deceased appellant Rambaran, who is son of the appellant Sarman. The incident took place on 9-5-1993. Gangaram, who is the father of the deceased on enquiry found that on account of some illness the deceased died. However, the appellant nor his family members did inform him in regard to the illness of the deceased and about her death. According to complainant deceased died not in normal circumstances. Complainant Gangaram lodged a report on 11-5-1993 in the concerning police station.