GULAB Vs. STATE OF M P

JUDGEMENT

(1.) FOUR persons were charge-sheeted and prosecuted in this case. Out of them three persons have been acquitted by the trial court and this appellant has been convicted and sentenced who is before us in this appeal.

(2.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been preferred being aggrieved by the judgment, finding and sentence dated 26. 07. 1994 passed by II additional Sessions Judge, Link Court, Multai, District Betul in sessions Trial No. 154/1990, whereby the appellant has been convicted under Section 306 of I. P. C. and sentenced to R. I. for 5 years with fine of Rs. 1,000/-in default of payment of fine R. I. for 3 months.

(3.) PROSECUTION case in short is that on 10. 10. 1990 at 5:30 p. m. one sahdeo gave information to the police station Saikheda that sushila Bai was married with his son Gulabrao. One daughter was born out of their wedlock who was aged about 3 years. Sushila Bai with her husband was working at their field. At about 3:00 p. m. she went at the well for drinking water but she did not return, therefore, he went there and found that her sickle was lying near the well and on search the dead bodies of sushila Bai and her daughter Shashikala were found lying in the well. Marg intimation Nos. 28, 29/90 under Section 174 of cr. P. C. was registered. The panchnama of dead bodies were prepared. Post mortem examination was done. Accordingly it was found that they died on account of asphyxia as a result of drowning. Map was prepared. Inquiry was made. After inquiry it was found that she was being harassed and given beating by the appellant and his family members. The F. I. R. was written wherein Crime No. 74/90 under Section 498/34 and 306 of i. P. C. was registered. The statements of the witnesses were recorded. After completing the investigation, charge sheet was filed in the Court of J. M. F. C. , Multai who committed the case to the Sessions Court for trial.