KAUSHAL PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal preferred u/s. 374 of the Criminal Procedure Code by accused/appellant, who has been convicted u/ss. 302, 328, 498-A of the Indian Penal Code by I Additional Sessions Judge, Raigarh by his judgement dated 21-10-1986 in S.T. No. 53/1986 and sentenced to imprisonment for life and a fine of Rs. 100/- and R. I. for 10 years and fine of Rs. 100/- and R. I. for 3 years and fine of Rs. 100/- respectively for the aforementioned offences.

(2.) Undisputably, Vishnu Priya, who was the daughter of Ravishanker (P.W. 1) and niece of Bimbadhar (PW. 2) and was married to accused/appellant, died on 19-5-1985 at village Moha Pali. The report of the death was lodged by Bimbadhar (PW-2) at P.S. Raighar which was recorded as Merg Intimation, as per Ex. P/18. Inquest Report, as per Ex. P/19, was prepared in the presence of Panch witnesses and the dead-body was sent for postmortem examination as per memo (Ex. P/20). Postmortem was conducted by Dr. A. L. Baleni (PW. 5), Dr. R. K. Thawait (P.W. 6) and Dr. (Smt. C. Shrivastava, (not examined) and their report is as per Ex. P/3. No external injury was found on the body of the deceased and the cause of death could not be detected on post-mortem examination, as indicated in post-mortem report (Ex. P/4). The viscera, fingertip nails, etc. were preserved and sent for chemical examination to F.S.L., Sagar. The report (Ex. P/45) form F.S.L. Sagar disclosed the "Dhatura-Alkaloid" was detected in viscera of deceased Vishnu-Priya. The F.I.R. (Ex. P/22) was thereafter recorded by Investigating Officer, Raj Kishore Gandhi (P.W. 10) on 26-5-1985.

(3.) Prosecution case is that the accused/appellant used to ill-treat the deceased and used to demand that she should bring from her parents amount. Though the accused/appellant paid some amount by Ravishanker (P.W. 1), father of the deceased Vishnu Priya, the accused/appellant used to make demand for more money. The accused/appellant also got annoyed on account of the deceased Vishnu Priya having not been sent with him and had written a letter (Ex. P-1) to his father-in-law, Ravishanker (P.W. 1), in which he had threatened that since the deceased was not sent with the accused and since his mother-in-law had insulted him, now Vishnu Priya would only have sufferings and nothing else in future. Thereafter, after 2-3 days, the accused/appellant had come to take the deceased Vishnu Priya because the uncle of the accused/appellant had died and last rites were to be performed. She was sent by the parents of the deceased along with the accused/appellant. After 2-3 days thereafter the accused/appellant went to the house of his in-laws and informed Ravishanker (P.W. 1) that the deceased was ill and was suffering from loose-motions and vomiting, upon which Revishanker (P.W. 1) sent his wife, i.e., the mother of the deceased to the house of the accused/appellant. It is further alleged that Dr. Subodh Kumar Panda (P.W. 3) had examined the deceased on being called by the father of the accused/appellant and found that she was having convulsions and had advised that she be taken to Raigarh. In the evening at about 5.00 p. m., the deceased died.