RAJEEV RANJAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 10.2.1998 passed by the IIIrd Additional Sessions Judge, Chhatarpur in ST No.145/1994 whereby, each of the appellants have been convicted of offence under Section 304-B of I.P.C and sentenced to 10 years rigorous imprisonment.

(2.) The facts of the case in short are that on 28.3.1994 at about 8.00 a.m., the appellant no.3 Vikas Sharma, who had slept on the terrace of his house (Village Bagauta, District Chhatarpur) in the previous night, went inside the house, he found that his sister-in-law Ram Kumari had committed suicide and her body was hanging with a rope in a room. He immediately informed his brother Rajeev Ranjan, appellant no.1 and the body of the deceased was removed from the hook and they found her to be dead. Vikas Sharma went to the Police Station Chhatarpur and lodged a merg intimation. On 5.4.1994 Shri Ramswarup Pateria (PW1), father of the deceased had lodged a typed report (complaint) before the SHO concerned and after merg enquiry, on 7.4.1994, a case of offence under Section 304-B of I.P.C was registered and investigation was initiated. The body of the deceased had already been sent for its post mortem. Dr. Sudhir Kumar Khare (PW11) performed the post mortem on the body of the deceased Ram Kumari at District Hospital Chhatarpur and gave his report. He found that the deceased died due to hanging. After due investigation, a charge sheet was filed before the JMFC Chhatarpur who committed the case to the Court of Sessions and ultimately it was transferred to the IIIrd Additional Sessions Judge, Chhatarpur.

(3.) The appellants abjured their guilt. They took a plea that the deceased was kept in comfort. She was never harassed for any dowry demand or otherwise. The appellant no.1 Rajeev Ranjan had already purchased a moped from his colleague Phoolchand Jain (DW2). In defence Nandkishore Shivhare (DW1), Phoolchand Jain (DW2) and Prem Narayan (DW3) were examined.