SUKHENDRA @ SUKHCHEN KORI Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the appellant-accused against the judgment dated 17.05.2007 passed by Xth Additional Sessions Judge, Jabalpur in Sessions Trial No. 533/2006 whereby the trial Court held the appellant guilty for commission of offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment with fine of Rs. 500/-.

(2.) Prosecution case in brief is that the appellant was married to Sitabai (since deceased) on 04.05.2005. After marriage, the appellant and his family members demanded dowry from her. They abused and harassed her due to not fulfilling the demand of dowry. On 10.06.2006 the appellant ablaze Sitabai. She was under treatment at Medical College, Jabalpur. She died on 15.06.2006. Marg intimation (Ex.P/12) was registered at outpost Garha. When Sitabai was alive her dying declaration (Ex.P/16) was recorded by Nayab Tahsildar. FIR Ex.P/17 was lodged at Police Station, Panagar. Police registered offence under Section 304-B of the I.P.C. against the appellant and his mother. After postmortem of the deceased and after due investigation, charge-sheet under Section 304(B)/34 of the I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act was filed before the concerned Court.

(3.) After committal of the case, charges under Sections 302 and 304-B of the I.P.C. has been framed by the learned Trial Court against the appellant and his mother. They abjured their guilt and stated that they are innocent and falsely implicated in this case.