VIJAY KUMAR SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER Vijay Kumar Sharma has filed the revision under Section 401 of the Cr. PC against the judgment and order dated 15-4-99 in S. T. No. 119/95 by learned IIIrd Additional Sessions Judge, Mandsaur wherein and whereby the respondent accused 2 to 5 were acquitted from the offence punishable under Section 302 of the IPC and they were convicted and sentenced under Section 304-B of the IPC for R. I. of 10 years and fine of Rs. l,000/-, under Section 498-A of the IPC for R. I. of 2 years and fine of Rs. 500/- and under Section 201/34 for R. I. of 3 years and fine of Rs. 500/ -.

(2.) THE admitted facts of the case are that the marriage in between respondent No. 3 Sunil was performed with deceased Nilima on 29-6-93 according to the Hindu rites and customs. That respondent Nos. 2 and 4 are the parents of Sunil and respondent No. 5 Ku. Mranalini is his sister. That Nilima gave birth to a child in the month of March, 1995.

(3.) THE prosecution case is that on 17-3-95 petitioner Vijay Kumar informed the Police of Ratlam that the body of Nilima was being taken to Indore in a Taxi. That the Police force intercepted the Taxi and accused Nos. 2 and 3 were found therein carrying the body of Nilima. That on the post-mortem of the body of Nilima it was found that she was burnt by the Acid,. The allegation of the prosecution is that the neighbours usually used to hear the cries of Nilima on account of her beating by the accused persons. That Nilima used to disclose that in order to fulfill their greed of the dowry she was treated with cruelty by the accused persons. That on 17-3-95 at about 6 PM the accused persons wrapped the body of Nilima in the cloth and they put her in Taxi to take her to some unknown destination. That near Daloda the Taxi was intercepted by Police and the body of Nilima was found on the back seat and the accused Nos. 1 and 2 were sitting in the front seat. After the post-mortem it was reported that the deceased has died on account of 70% burns received by her due to the Acid. The charge-sheet was filed against the accused persons for the offence punishable under Sections 304-B, 498-A and 201 of the IPC.