LAWS(MPH)-2018-8-13

RAJKUMAR & OTHERS Vs. STATE OF MADHYA PRADESH

Decided On August 01, 2018
RAJKUMAR AND OTHERS Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The present appeal has been preferred by the accused/appellants under Section 374(2) of the Cr.P.C., being aggrieved by the judgment and sentence passed by learned Sessions Judge, Sehore in S.T. No.164/2007, whereby the appellants have been found guilty for commission of offence punishable under Sections 498-A of the IPC and sentenced to undergo R.I., for one year and under section 302/34 of the IPC and sentenced to undergo rigorous imprisonment for life.

(2.) The case of the prosecution in brief is that Bhagirath (PW-1), the father of deceased Ramdulari had lodged a Dehati Nalishi on 17.08.2007 at about 11 o'clock in Police Station Ahmadpur, in which it is alleged that his daughter Ramdulari was married with Rajkumar in the year 2003 and at the time of marriage, sufficient dowry was given. It is further alleged that his daughter Ramdulari was subjected to cruelty, harassment and torture by the accused persons in connection with demand of dowry and an information to that effect was given to him by his daughter and thereafter Bhagirath met the accused persons and tried to pacify the matter by stating that he will pay the demanded money after harvest. Thereafter he came to Chhatarpur and at about 4 P.M., he received information that his daughter was suffering from some disease whereupon he and one Shambu Gaur went to Manpur, where he saw that his daughter was lying dead and found signs of axe injury on her head. It is alleged that his daughter was subjected to cruelty and harassment by her husband and in-laws and due to this, they assaulted her with an axe. Ramdulari died within seven years of her marriage.

(3.) Bhagirath (PW-1) had lodged a Dehati Nalishi on 17.08.2007 in Police Station Ahmadpur. The police registered the offence and conducted the inquest. Panchnama of the dead body of deceased was also got prepared and body was sent for postmortem to District Hospital, Sehore. An axe was recovered and seized at the instance of appellant Rajkumar. The statements of witnesses were recorded and after usual investigation, charge-sheet has been filed before the Court.