HAKAMSINGH AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 of Cr.P.C. has been filed against the judgment and sentence dated 22-4-1999 passed by Additional Sessions Judge, Ujjain in S.T. No.434/1994, by which the appellants have been convicted under Sections 304-B, 498A and 201 of I.P.C. and have been sentenced to undergo the sentence of rigorous imprisonment of 7 years, 2 years and a fine of Rs. 500/- and 2 years and a fine of Rs. 200/- respectively, with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal in short are that on 3-7-1994, Pura, the Chowkidar of village Chirmiya gave an information to B.S. Parmar, SHO, police station Mahindpur to the effect that, the deceased Chandarbai, the wife of the appellant Hakam Singh had died, however, the reasons of her death, could not be ascertained. In the morning, the mother of the deceased was insisting that the father of the deceased should be called and the postmortem of the dead body should be done, but the appellants did not adhere to the request of the mother of the deceased and have performed the last rites. The deceased Chanderbai was not sick. Merg enquiry No.16/1994 was registered and the statements of Kamlabai, the mother of the deceased, Balu Singh, the father of the deceased and other witnesses were recorded. It was alleged by the mother of the deceased, that the deceased had injuries on her body and also asserted that the deceased did not die because of any ailment. It was also stated by Kamlabai, that the appellants, inspite of repeated demands, did not wait for the father of the deceased to come and also did not get the postmortem of the dead body of the deceased done and cremated the deceased in haste and accordingly, the police registered the F.I.R. in crime no.124/1994 against the appellants and Puralal for offence under Sections 304B, 498A and 201/34 of I.P.C. and after concluding the investigation, filed a charge sheet against the appellants and coaccused Puralal for offence under Sections 304B, 498A and 201/34 of I.P.C.

(3.) One complaint was also filed by the police under Section 176 of I.P.C. and the said case was also committed to the Sessions Court and the said case, i.e S.T. No.82/1998, was clubbed with the trial of S.T. No.434/1994.