MEERABAI Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal was filed by Vyankati and his wife Meera Bai but appellant No. 1 Vyankati has died during the pendency of this appeal hence appeal against him has been abated.

(2.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 27. 10. 1994 passed by III Additional Sessions Judge, chhindwara in S. T. No. 116/1991, whereby the appellant has been convicted under Section 306/34 of I. P. C. and sentenced to r. I. for 4 years with fine of Rs. 500/-, in default of payment of fine r. I. for 3 months and also convicted under Section 498-A of i. P. C. and sentenced to R. I. for 1 year with fine of Rs. 250/-, in default of payment of fine R. I. for 1 month with the direction to run the sentences concurrently.

(3.) THE prosecution case in short is that on 09. 03. 1991 at about 9:00 accused Vyankati (now deceased) lodged the report at outpost Mohgaon to the effect that his marriage was performed before 16 years with Meera Bai. There was no issue from her, therefore, he performed Gandharv marriage with Tulsi bai. Meerabai and Tulsi Bai were used to quarrel with each other. Eight days before this incident brother-in-law of Tulsi bai-Bhaurao (PW-1) subsided the matter between them and no quarrel took place thereafter. On the day of incidence Tulsi bai was sleeping with him. At about 1:00 p. m. she arose and went out. When she did not return upto 2-3 minutes he searched and heard the sound of falling in the well. He cried. The neighbours Rupchand Paradkar, Natthu Patil, Madhu baniya and many other persons came there but the body could not be taken out from well because of darkness. On this information marg intimation No. 7/91 under Section 174 of cr. P. C. was registered. The body was taken out from the well. Panchanama of dead body was prepared. The dead body was sent for postmortem examination which was conducted by Dr. Yashwant Silledar, Assistant Civil Surgeon, Lodhikheda. According to his opinion the cause of death was asphyxia as a result of drowning. Duration was within 36 hours from the postmortem examination. The F. I. R. under Section 306/34 of i. P. C. was registered at Police Station Saunsar on 26. 03. 1991. The statements of the witnesses under Section 161 of Cr. P. C. were recorded. The accused persons were arrested. After completing the usual investigation the charge sheet was filed in the Court of Additional Chief Judicial Magistrate Saunsar who committed the case to the Sessions Court for trial.