RAVI SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this judgment we dispose of Criminal Reference No. 3/96 under Section 366, Cr. P. C. for confirmation of death sentence on the convict and Appeal No. 1552/96 (Ravi Shankar v. State of M. P.) against the judgment of conviction and sentence of death passed by First Additional Judge, Damoh (M. P.) on 9-9-96.

(2.) The finding of the trial Court is that on 11-5-94 about some time, this appellant being the husband of victim Lokmati in Village Kusmi caused her death by causing injury to her womb by introducing some external hard object or weapon and thus he committed the offence of murder punishable u/S. 302, IPC. He was sentenced to death by hanging.

(3.) It may be noticed that this appellant along with his father Shyamlal and mother Kallobai were jointly tried on charges of offence punishable u/S. 304-B, IPC, that is dowry death of a bride within seven years of her marriage resultant from cruel treatment of her husband or his relatives for non-fulfilment of demands of dowry. The alternative charge was of her murder in pursuance of common intention of them all. The parents of the appellant were acquitted by giving them benefit of doubt. The husband was found guilty of murder.