RAMJILAL AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) In this appeal, challenge is to the conviction and sentence recorded by the Second Additional Sessions Judge, Morena by a judgment passed on 21/12/2005 in Sessions Trial No.129/2005, whereby each appellant has been sentenced under Section 201 (Part-Two) of the IPC and sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 1,000/-. In default, each appellant has been directed to additionally undergo rigorous imprisonment for six months.

(2.) Undisputedly, appellant no.1 Ramjilal's wife is appellant no.5 Munnidevi and other appellants are their sons. Deceased Bhoori was married to appellant no.2 Pramod on 17.06.2002 and from this wedlock, a daughter named Guddi alias Gudiya was born, who was having age 7 to 8 months at the time of her death. Admittedly, Bhoori and her daughter died in the house of appellants and dead bodies of both the deceaseds were burnt at funeral place by the appellants before coming of the relatives of deceased Bhoori.

(3.) According to the prosecution story, on 13.9.2004, real brother of deceased Bhoori, Ramlakhan (P.W.2) resident of village Pidhaoli lodged marg report (Ex.P.4) at police station Civil Lines, Morena at 9:30 A.M. that his sister Bhoori aged about 22 years was married to Pramod Sharma (appellant no.2) R/o village Sikrauda about three years ago and in previous night Bhoori had died in her in-laws' house and her dead-body has been burnt without intimation and it was heard that Bhoori has been killed by family members of her in-laws and her dead-body was put near the railway line. Copy of the marg intimation was sent to S.D.M., Morena. Marg report (Ex.P.4) was recorded by the Assistant Sub-Inspector Devendra Mishra, who after recording the marg report, reached to village Sikrauda at funeral place at 10.00 a.m. and by notice (Ex.P.5) called the panch witnesses and in presence of the panch witnesses including reporter Ramlakhan (P.W.2) and his another brother Ramnaresh (P.W.4) prepared inquest memo (Ex.P.6) in which it was recorded that the dead-body of Bhoori wife of Pramod aged 22 years is burning in the funeral place of Sikrauda. Devendra Mishra seized ash from the funeral pyre and also seized some bones by seizure memo (Ex.P.7) at 10.20 a.m. At 10.50 a.m. Devendra Mishra also seized seven blood stained rubble stones (gitti patthar) lying near the railway line at 10.50 a.m. and prepared another seizure memo (Ex.P.8). At 11.20 a.m. on the same day, A.S.I. Devendra Mishra in presence of panch witnesses seized a sewing machine, two plastic cans, one of capacity of twenty litres and another of capacity of six tires and two broken parts of ornament worn by ladies in legs looking like silver and the cans were smelling of diesel, from the appellant's house at village Sikrauda and prepared a seizure memo (Ex.P.9).