SURESH KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment dated 29.4.2008 passed by Tenth Additional Sessions Judge (Additional Judge to Fast Track Court), Bhopal in S.T. No. 279/07 whereby he has been convicted for commission of offence under Sections 302, 201 (1) and 498-A of the IPC and sentenced to undergo life imprisonment along with fine of Rs.500/- in default of payment of fine further 1 year rigorous imprisonment; RI for 5 years along with fine of Rs.300/- in default of payment of fine further 6 months RI and RI for 3 years along with fine of Rs.200/- in default of payment of fine further 3 months RI, respectively. All the sentences are ordered to run concurrently.

(2.) The facts giving rise to this appeal in brief are that the marriage of the deceased Gora Bai who died on 27.2007 was solemnized with appellant one year before. Her father Ganpat Singh (PW-1) got information about the death of Gora Bai due to falling into a well. Ganpat Singh (PW-1); his wife Kalanbai (PW-2) and his son Rajendra Singh (PW-4) came to village Dhamarra, Police Station Gunga, District Bhopal and the dead body of the deceased was taken out of the well and there were several injuries on her person. The appellant used to harass and beat the deceased in connection with demand of dowry. In this regard, she complained to her parents one month before the incident. She went to her parental house and made complaint for being harassed and beaten by the appellant with regard to demand of dowry. Father of the deceased, Ganpat Singh (PW-1) informed the police about the incident, upon which, Dehati Merg Intimation Ex.P/1 was recorded. Dead body of the deceased was sent to the Gandhi Medico Legal Institute, Bhopal and it was opined that death of the deceased was homicidal. On the basis of merg inquest report, FIR Ex.P/7 was registered as Crime No.187/07 under Sections 302 and 304-B of the IPC. During investigation, the appellant was arrested and on his instance, one blood stained stone was recovered from the place near the well and blood stained clothes of the deceased and stone were sent to FSL and on the stone, blood stains were found. After completion of the investigation, a charge sheet was filed against the appellant before the Court of J.M.F.C. Bairsiya, Bhopal who on its turn committed the case to the court of 10th Additional Session Judge, Bhopal for trial.

(3.) During trial, learned trial Court framed charges for the offence under Sections 302 of the IPC and alternatively 304-B of the IPC; 498-A and 201 (1) of the IPC against the appellant. He abjured his guilt and claimed to be tried. His defence was that he is innocent. He has been falsely implicated. The deceased died accidently falling into the well. Learned trial Court after completion of the trial convicted and sentenced the appellant as per the impugned judgment as mentioned earlier.