RAMLAL Vs. STATE OF M P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Sihora in Sessions Trial No. 1010/92 vide impugned judgment dated 15-12-99 recording conviction of appellants under section 304-B, IPC sentenced them to undergo R. I. for a period of 7 years. Being aggrieved, appellants have preferred this appeal under Section 374 (2), Cr. PC.

(2.) APPELLANT Dashoda Bai is mother of Ramlal. Deceased Rajabai @ Ashabai was legally married wife of appellant Ramlal. From this wedlock, a daughter also was borne. Deceased Rajabai @ Ashabai with daughter Vandna aged about 8 years left the house sometime on 18-5-91. Since she did not return, appellant and other family members made a search. Finally on 20-5-91 the dead bodies of Rajabai @ Ashabai and Vandna were found floating in the well. Kanchedilal, father of appellant Ramlal as such apprised the police of the incident. On the basis aforesaid, Merg Intimation (Exhibit P-21) was recorded. Preparing inquest Panchnama (Exhibits P-2, P-3), the dead bodies of Rajabai @ Ashabai, Vandna aged about 8 years were sent for post mortem. Dr. Y. K. Mehte (P. W. 9) performing the post mortem submitted report (Exhibits P-10, p-l 1) and in response to query vide report (Exhibit P-12) recorded opinion to the effect that the death of Rajabai @ Ashabai, Vandna was caused by drowning. Thereafter, during the investigation of merg K. S. Thakur (P. W. 11) In-charge, Police Station, Bahoriband on the basis of information recorded FIR (Exhibit P-16) and proceeded with the investigation of Crime No. 101/91 under section 304-B, IPC. Completing the investigation, appellants were charge-sheeted. Appellants abjured the guilt. However, the Court below on the basis of statements of Gangaram (P. W. 3), Gayabai (P. W. 6), Kusumbai (P. W. 10)respectively maternal uncle, mother, sister of deceased Rajabai @ Ashabai held that the deceased was subjected to cruelty-harassment in relation to demand of dowry. As such, recording conviction of appellants under Section 304-B, IPC sentenced them to undergo RI for the period said above.

(3.) ADMITTEDLY, deceased Rajabai @ Ashabai was legally married wife of appellant Ramlal. Dashoda Bai is mother of Ramlal. Deceased Rajabai @ Ashabai along with daughter Vandna aged about 8 years was living in the family with the appellants. Deceased Rajabai @ Ashabai alongwith daughter vandna, aged about 8 years left the house on 18-5-91. Their dead bodies were found floating in the well on 20-5-91. Kanchedilal, father of appellant Ramlal, as such apprised the police. On the basis of aforesaid Merg Intimation (Exhibit p-21) was recorded. It is further admitted that preparing inquest Panchnama (Exhibits P-2, P-3) dead bodies of Rajabai @ Ashabai, Vandna were sent for post mortem. P. W. 9 Dr. Y. K. Mehte has stated that on the basis of post-mortem being performed, reports (Exhibits P-10, P-11) were recorded. Subsequently, in response to query, report (Exhibit P-12) was recorded to the effect that death of Rajabai @ Ashabai was due to drowning. P. W. 3 Gangaram, P. W. 6 Gayabai respectively maternal uncle, mother of deceased Rajabai @ Ashabai have stated that some five years ago, the marriage of Rajabai @ Ashabai was performed with the appellant Ramlal. In the absence of any other evidence, it has been proved that Rajabai @ Ashabai while living with the appellants within seven years of her marriage died on 20-5-91. The death of the deceased was due to drowning.