GOPAL PATHAK Vs. STATE OF M P

JUDGEMENT

(1.) THE accused/appellants (hereinafter referred to as 'the accused persons') have preferred the present appeal under Section 374 (2) of the Code of criminal Procedure (for short 'the Code')being dissatisfied with and aggrieved by the judgment of conviction and order of sentence passed by the learned First Additional Sessions Judge, Shahdol in Sessions Trial No. 47/1985 whereby he has found them guilty under Sections 302/34, 201 and 498-A of the Indian Penal Code (for brevity 'the IPC')and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- each, in default,. to suffer simple imprisonment for two months on the first score, rigorous imprisonment for five years each on the second count and rigorous imprisonment for three years and to pay a fine of Rs. 300/- each, in default, to suffer further simple imprisonment of two months on the third count with the stipulation that all the sentences shall be concurrent.

(2.) BRIEFLY stated, the prosecution case is that the deceased, Kanchi Pathak, was married to the accused Vidya Varidh Pathak on 25-5-1982. At the time of the marriage, rs. 60,000/- was given in cash as per the agreed terms. In March, 1983 Atul Pandey, P. W. 5, the brother of the deceased, had gone to bring his sister but her in-laws though assured to send her did not send her to her parental home. During Holi Festival, i. e. , in march, 1983, Atul Pandey brought Kanchi pathak to her parental home. When she went back to her matrimonial home the accused persons asked her to bring gas stove, almirah, motorcycle and jewellery failing which she would be thrown out of the house and her husband would enter into second marriage. They used to threaten her quite frequently and also physically assault her. The deceased informed her father about the same. In June, 1983, while Kanchi was in her parental home the accused-husband wanted to bring her back to his house. At that Juncture, the parents of the deceased gave jewellery as agreed. In June, 1984, Atul pandey had gone to the house of the accused persons to fetch his sister but they did not send her and assaulted him and told him to bring fridge, cooler, godrej almirah, gas stove and jewellery failing which his sister would be kept as a maid servant and eventually she would be killed. The brother of the deceased returned home and informed his parents. As further alleged, Kanchi was abused time and again. She used to intimate her parents through her friends. In march, 1984 Shrikant Pandey, P. W. 6, another brother of the deceased, had gone to her sister's house to bring her along with harshnaraya, Natthulal Saraf and kedarnath Tiwari. He was abused by Gopal pathak, the father-in-law of the deceased. He met his sister who burst out with tears and stated that the accused persons and her sister-in-law were abusing and assaulting her and not giving her food. She had also informed her brother that the accused persons were also giving her some white powder which she was compelled to consume. Thereafter, the accused-husband assaulted shrikant Pandey and told him that he would not allow Kanchi to remain alive. Shrikant pandey without getting her sister returned home and narrated the whole episode to his parents. As the prosecution story unfolds, on 19-4-1984, he lodged an F. I. R. at kolgawan Police Station which was rojnamcha Sanha No. 997. In the night of 12-1-1985, the deceased breathed her last in the house of the accused persons. As alleged the accused persons were in the house. About 11 p. m. , the husband went to Dr. Garg, P. W. 2, and informed him that Kanchi had been taken ill badly and had fallen from the bed. P. W. 2, Dr. Garg, reached the home of Gopal Pathak and found that Kanchi had stopped breathing. The accused requested the doctor to give Choramin injection but he refused to do so. Dr. Garg advised them to show her to an experienced doctor and on the said advice Dr. Ashok Jain, P. W. 9, was called. But, by that time Kanchi had already died. When Dr. Jain wanted to see the dead body of the deceased the accused, persons told him to give a certificate of normal death so that she could be burnt next morning. He declined to give such certificate. Thereafter, both Dr. Garg and Dr. Jain, went to the Police Station but as they did not find any responsible officer there, they returned to their respective homes. In the said night Gopal Pathak and his son went to Saraswati Patel's house and intimated him that Kanchi had committed suicide. Saraswati Patel advised them to lodge an f. I. R. and inform at the Police Station and also intimate the father of the girl. Thereafter, Gopal Pathak had lodged the report as per Exhibit-P-23 on the basis of which criminal law was set in motion and the investigating agency arrived at the spot, prepared a panchnama of the dead body and got the autopsy done and sent viscera for chemical examination, prepared spot map and seized some clothes and a nutcracker, seized the letter Exhibit-P-28 written at the instance of the accused-husband, examined number of witnesses under Section 161 of the Code and eventually registered a case under Sections 302/34, 498-A and 201, IPC as per crime No. 11/85, took the accused persons to custody on 16-1-1985, seized two letters written to Atul Pandey, P. W. 4, a note book and on the completion of the investigation placed the charge-sheet before the competent Court who, in turn, committed the matter to the Court of Session.

(3.) THE accused persons abjured their guilt. Their positive plea in the defence was that there was animosity between the parents and in-laws of the deceased and she never wanted to go to her parental home without the consent of her in-laws. She was unhappy with the behaviour of her parents and she had written two letters to her father to that effect. It was her expectation that her parents would come to the house of her in-laws and remove the misunderstanding between the two families but they did not come. On the contrary, they sent the brother who took the deceased to the house without the consent of her in-laws. She had also developed frustration as no child was born in the wedlock despite marriage having solemnized for a period of two and a half years. Being the victim of circumstances she had committed suicide which is revealable from Exhibit-P-28. The brother of the deceased, Shirish Pande, and brother-in-law, r. B. Sharma, were serving as Sub-Inspectors in the Department of Police and they had converted the case of suicide to a one of murder.