KOMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment and decree dated 21. 9. 98 passed by the Additional Sessions Judge, Harda in sessions Trial No. 185/96 convicting and sentencing to each of them, under Section 304-B/34 and 306/34 of IPC for RI seven years separately in both the sections with a direction to run the same concurrently, have filed this appeal.

(2.) THE case of the prosecution in short is that on dated 8. 10. 95 at about 3 o'clock in the noon one Ramadhar, son of Sattu, village watchman of Mahendragaon came and informed to Police, Sirali regarding unnatural death of Sunitabai, w/o Gopal Singh, on which merge intimation, (Ex. P-1) was registered, according to which today at about 8. 00-8. 30 in the morning he was informed by one Dariyab Singh that house of his younger brother Gopal Singh is locked and Gopal singh is also not found there. But the voice regarding weeping of his daughter Seema is coming out from the home, on which he accompanied with Dariyab Singh went to such place and found that the house of Gopal Singh was locked. Inspite giving call they did not receive any response from inside, on which by removing the tiles of the roof, on observing inside the room, he saw that Sunita Bai, w/o gopal Singh, (the appellant no. 3) and Seema, D/o of appellant no. 3 from the previous wife were sleeping in such room on separate cot. He informed such thing to various villagers who assembled there and gave a call to inside persons, in response they heard only the Seema's voice of weeping, on which the lock of such door was broken. On entering inside, they saw the Seema standing in the courtyard while Sunita was lying dead on a cot. The white spit was also present on her mouth and nose. Some substance of vomiting was also lying on the floor while gopal Singh was not found there. It is further mentioned that Gopal singh got married with Sunita Bai before 5-6 months ago. As per merge intimation the cause and mode of such death was unknown. After registration of the merge in its enquiry after preparing Inquest panchanama, Ex. P-2, spot map and seizure memo, the dead body was sent to hospital where on carrying out the postmortem, as per opinion of the doctor the mode of death was found to be asphyxia, probably by poisoning. However the viscera was preserved for chemical examination. In further enquiry, on recording the statements of the parents and brother of the deceased it was revealed that the deceased when alive was subjected to cruelty and the harassment by the appellants on accounts of demand of dowry while residing in the matrimonial home, on which FIR for the offence under Section 304-B/34 IPC was registered against the appellants and after holding investigation they were charge sheeted for such offence.

(3.) TAKING into consideration the charge sheet on framing the charges of Section 304/34 and 306/34 of IPC, the appellants abjured the guilt, on which the trial was held, on appreciation, after holding them guilty, they have been convicted and sentenced as referred to above. The same is under challenge in this appeal.