DHAPU BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FOUR persons were charge-sheeted and prosecuted, out of them two have been acquitted. The present appellants were also acquitted from the charges under Section 498-A and 302 of I. P. C. but convicted and sentenced under Section 304-II of I. P. C. who are before us in this appeal.

(2.) THIS Criminal Appeal under Section 374 (2) Cr. P. C. has been filed being aggrieved by the judgment, finding and sentence dated 21. 01. 1994 passed by II Additional Sessions Judge, Sehore (Camp nasrullaganj) in Sessions Trial No. 97/1990, whereby the appellants have been convicted under Section 304-II of I. P. C. and sentenced to r. I. for 7 years.

(3.) THE prosecution case in short is that Dhapu Bai was married with ramesh. Appellant No. 1-Dhapu Bai is her mother-in-law and appellant No. 2-Krishna Bai is her sister-in-law. They are of not good character. Usually several persons used to visit them and stay with them. They were involved in such illegal business. They also induced her to do the same but she denied, therefore, they used to cause her marpeet. She could not tell this thing to her parents because of the threatening given by the appellants. On 04. 02. 1990 Moti Patel was sitting at her house. Her mother-in-law was making tea for him. She was cleaning the utensils. One bowl could not be cleaned well on this pretext her mother-in-law and sister-in-law gave her severe beating by hitting her head with the stone and inflicting iron rod. On account of which she sustained injuries in different parts of her body. She lodged F. I. R. on 06. 02. 1990 at P. S. Nasrullaganj wherein Crime no. 20/1990 under Sections 342, 333 and 498-A I. P. C. was registered. She was sent for medical examination to P. H. C. Nasrullaganj where she was examined by Dr. S. K. Dhoble (PW-11) who found 16 injuries on her person. He also advised for x-ray. Medical report is Ex. P/25. Since the x-ray machines of Nasrullaganj and Sehore hospitals were not in working condition, therefore, she was referred to Hamidiya hospital, Bhopal. She died on 07. 02. 1990 on the way to Bhopal. Its information was given to P. S. Nasrullaganj by her father Narmada prasad (PW-1 ). On the same day Marg No. 4/1990 under Section 174 cr. P. C. was registered at P. S. Nasrullaganj. The inquest report ex. P/2 was prepared. The postmortem examination was done by Dr. D. K. Satpathi (PW-14), Director, Medico Legal Institute, Bhopal. He found 19 injuries on her person. According to him the death was due to shock as a result of multiple injuries to the body. Injuries have been caused by hard and blunt object within 5 days to 2 weeks and duration of death within 48 hours ? 12 hours since postmortem examination. Death was homicidal in nature. Postmortem report is ex. P/16 which contains his signature. Offence under Section 302 of i. P. C. was added. Map was prepared. The appellants were arrested. Their disclosure statements were recorded. In pursuance of their disclosure statements, weapon of offence Mogri and Saria were seized from them. Seized articles were sent to F. S. L. , Sagar for chemical examination from where the report received. Statements of the witnesses were recorded. After completing the investigation, charge sheet was filed in the Court of J. M. F. C. , Nasrullaganj.