RAMNIWAS AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused persons have preferred this appeal being aggrieved by the judgment dated 28.11.1997 passed by Additional Sessions Judge, Harda in S.T. No.126/95, whereby the appellants have been convicted for offence punishable under Sections 304-B of the IPC in alternate Sections 302/34 of the IPC and sentenced for life imprisonment and fine of Rs.5,000/- (each) with default stipulation.

(2.) It is not in dispute that the deceased/Urmila Bai was daughter- in-law of the appellant No. She was married with Ramniwas (appellant No.1) one year before the incident. On 26.1994 at village Padwa, dead body of the deceased was found in the well of Shiv Ram. After postmortem of the deceased, doctor gave opinion that her death was homicidal in nature. During investigation, the police found that the appellants caused death of the deceased due to non-fulfillment of demand of dowry. Hence, offences under Sections 302 and 304-B of the IPC have been registered against the appellants. In similar provision, charge sheet was filed against them.

(3.) After committal of the case, the trial Court framed the charge under Section 304-B of the IPC and in alternate Section 302/34 of the IPC against the appellants. They abjured guilt and pleaded innocence. They claimed that they have been falsely implicated by the police.