KASHIRAM & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Appellant No.3 was tried for the offence under Section 302 IPC; whereas Appellants No.1, 2 and 4 were tried for the offence under Section 302/34 IPC for causing death of Geeta who died on the intervening night of 28/29.4.1997 from the injuries which as per post mortem report (Ex.P/1) were:

(2.) Deceased Geeta was the wife of Appellant No.3 Mukesh who has withdrawn himself from the Appeal vide order dated 04/08/2014 and has undergone the sentence. Whereas Appellant No.1, Kashiram died during the pendency of present appeal.

(3.) The prosecution story is that the complainant, Kashiram (PW/2) father of the deceased lodged a complaint with Police Station City Kotwali, Morena recorded as FIR Ex.P/3 that in the intervening night, the accused Kashiram (father-in-law of the deceased) came to his house and informed that his (complainant's) daughter has died. Complainant alongwith his son Ramgyan (PW/3) visited the house of his daughter and found her lying dead on the floor and found multiple injuries on her. On enquiry made from the neighborhood, he was told that Geeta was badly beaten by her husband Mukesh with iron rod and that the Appellants No.1, 2 and 4 (father-in-law, mother-inlaw and brother-in-law) accomplice with him and that they use to torture Geeta for dowry. The complainant also reported that in the past when Geeta, who was married to Mukesh four years prior to the date of incident, had came to her matrimonial house, she informed that she was tortured by her husband and the in-laws for not having brought the dowry.