JAGPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 17.1.1997 passed by the Sessions Judge, Panna, in S.T. No. 108/93 whereby he has been convicted of offence under Sections 306 and 498A of IPC and sentenced to 5 years' rigorous imprisonment with a fine of Rs. 500 and 2 years rigorous imprisonment with a fine of Rs. 500 respectively, in each default of payment of fine three months' rigorous imprisonment. The facts of the case, in short, are that the deceased Shivkali @ Badi Bahu was married to the appellant Jagpal, resident of village Dagri (Police Station Ajaygarh, Distt. Panna). On 13.10.93 she was found hanging in a room kept for cattle in the house of appellant Jagpal. One Ramavtar lodged a Merg intimation Ex. P/8 at outpost Veera of Police Station Ajaygarh. ASI Ganesh Prasad Thapak (P.W.3) had recorded that intimation and, thereafter, he informed his higher authorities to make various memos relating to dead body. Ultimately the dead body of the deceased was sent for its post-mortem to Govt. Hospital, Ajaygarh. Dr. P.C. Shrivastava (P.W.4) along with other doctors performed post-mortem on the body of the deceased Shivkali and gave a report Ex. P/11. According to Dr. Shrivastava, the deceased had expired due to asphyxia caused by hanging and she would have died 48-60 hrs. prior to the p.m. examination. Initially Merg intimation Ex. P/15 was registered at police station Ajaygarh then on the basis of the statements given by the parents and relatives of the deceased, a case was registered with FIR Ex. P/16. After due investigation a charge-sheet was filed before JMFC, Ajaygarh, who committed the case to the Court of Session.

(2.) The appellant abjured his guilt. He took a plea that the deceased was issueless and she was suffering from abdominal pain and there was possibility that she would have committed suicide due to that reason. After the death of the deceased, the appellant and the relatives of the deceased have falsely implicated him and his family members. In defence, Sattali (D.W.I), Biharilal (D.W.2) and Bittibai (D.W.3) were examined.

(3.) The Sessions Judge, Panna, after considering the evidence adduced by the parties acquitted all other accused persons from all the charges, except the appellant Jagpal and Karidai. The appellant Jagpal was also acquitted from the charge of offence under Section 304(B) of IPC but he was convicted of offence under Sections 306 and 498-A of IPC and sentenced as mentioned above.