ANAMIKA Vs. STATE OF M P

JUDGEMENT

(1.) THE aforesaid three appeals have been preferred by the respective appellants/accused feeling aggrieved by the impugned judgment dated 18. 6. 2003 passed by First Additional Sessions Judge, Vidisha in Sessions Trial no. 125/00, whereby all the appellants/accused have been found guilty for the offence punishable under Sections 306 and 498-A of IPC and each of them have been sentenced to four years RI with a fine of Rs. 5000/-, and two years RI with a fine of Rs. 2500/- respectively. In default of payment of fine further ordered to suffer imprisonment for six months on each count. Both the sentences are ordered to run concurrently.

(2.) AS all the aforesaid three appeals have been preferred against the common impugned judgment passed by the trial Court, hence all these three appeals are being decided by this judgment.

(3.) BRIEFLY stated facts of the case are, Sandhya Bai (deceased) was married with the appellant/accused Rajesh on 4. 2. 1995 and she was found dead on the railway track at Ganj Basoda. The information about the accidental death of sandhya Bai had been reported by the Assistant Station Master Ganj Basoda railway Station to the Railway Police Outpost Ganj Basoda, on which basis the incharge of Police Outpost Babulal Yadav (PW. 14) registered an inquest report about accidental death of the concerning lady; reached on spot; prepared the spot map as well as the inquest Panchnama of the deadbody of deceased lady and sent the deadbody for post-mortem examination to the Government Hospital, Ganj basoda. It came to know that deadbody of the lady belonged to Sandhya Bai w/o Rajesh R/o Ganj Basoda. Meanwhile, it is also alleged that the accused shambhu Dayal had also lodged the report at Police Station Ganj Basoda about missing of his daughter-in-law Sandhya Bai from the house. When the accused persons, who are the husband, father-in-law and mother-in-law of the deceased sandhya Bai, came to know about the accidental death of Sandhya Bai the deceased, then they also informed the parents of Sandhya Bai, who belong to jabalpur. Ori information Rameshwar Dayal Agarwal, the father of the deceased sandhya Bai, came to Ganj Basoda and he lodged the FIR Ex. P/1 against the appellants/accused with regard to cruel treatment coupled with demand of dowry by the husband, father in law, mother-in-law and sister-in-law of his daughter sandhya Bai, on which basis G. R. P. Police registered a case under Section 304-B of IPC against all these four appellants/accused and started investigation; recorded the statements of witnesses, the post-mortem of the dead body of Sandhya Bai has been performed by Dr. K. K. Shrivastava (PW. 10), Asst. Surgeon, Government hospital, Ganj Basoda, and proved the post-mortem report Ex. P/15. After due investigation charge sheet had been filed.