BHARAT LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 30.1.1997 passed by the First Additional Sessions Judge, Chhindwara in ST No. 105/1995 whereby the appellant has been convicted of offence under Section 306 of IPC and sentenced to five years' rigorous imprisonment with fine of Rs. 500/ -, and an additional three months' RI in default of payment of fine.

(2.) THE prosecution story, in short, is that the appellant Bharat Lal was married to co -accused Memwati Bai and later in the year 1991 -92 he had relations with the deceased Munnibai @ Lalwati, daughter of Nand Kishore (PW -2), and therefore deceased Munnibai became pregnant. Hence, the Sarpanch of village Gram Panchayat Penjanwada and other reputed persons of the community directed the appellant to marry the deceased Munnibai, and therefore second marriage of the appellant took place with the deceased Munnibai. It was alleged against the appellant that he harassed his second wife for demand of two acres of land and cash of Rs. 10,000/ -, therefore on 21.6.1993 a compromise took place between the parties that the appellant shall not harass the deceased Munnibai on any count including dowry demand. Thereafter the deceased Munnibai was residing with the appellant at Penjanwada (Police Station Parasiya District Chhindwara). On 7.6.1994 at about 9:00 PM in the night the deceased Munnibai was found missing from the house of the appellant and on 10.6.1994 her dead body was found in a well of the same village. A marg intimation Ex. P -1 was recorded. The dead body of the deceased Munnibai was sent for the postmortem. Dr. P.K. Soni (PW -10) along with team of the doctors performed the postmortem on the body of the deceased Munnibai at the Primary Health Centre Pagara and gave a report Ex. P -15. It was found that the deceased died due to drowning 72 to 85 hours prior to the time of the postmortem. Thereafter Govind (PW -1), brother of the deceased, Nand Kishore (PW -2) father of the deceased, Natthu (PW -4) and other witnesses have stated against the appellant and his first wife along with one Gopichand, brother of first wife Memwati that they harassed the deceased Munnibai and it was not possible for the deceased Munnibai to continue with the appellant, and therefore she committed suicide. Under such circumstances, a case was registered against the appellant. After due investigation, a charge sheet was filed before the CJM Chhindwara, who committed the case to the Court of Sessions and ultimately it was transferred to the First Additional Sessions Judge, Chhindwara.

(3.) THE trial Court after considering the evidence adduced by the parties, acquitted the co -accused Memwati Bai and Gopichand from all the charges, whereas the appellant has been convicted the appellant of offence under Section 306 of IPC and sentenced as mentioned above.