RAMMANI SHUKLA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellants being aggrieved by the impugned judgment, finding and sentence dated 30. 03. 1999 passed by II Additional Sessions Judge, Rewa in S. T. No. 154/96 whereby the appellants have been convicted under Sections 498-A and 306 of I. P. C. and sentenced to R. I. for 1 year with fine of Rs. 500/- in default of payment of fine R. I. for 3 months and R. I. for 3 years with fine of Rs. 1000/- in default of payment of fine R. I. for 6 months, each respectively.

(2.) PROSECUTION case in short is that on 23. 07. 1996 Ramsundar gautam submitted a written application to the officer in-charge of police station Baikunthpur to the effect that the marriage of his daughter Ratna was performed with Vishnushankar Shukla. Thereafter her second marriage was performed prior to one year of the incident. During this period she came to her maternal house 4-5 times and used to tell that her husband and father-in-law have illicit relations with her Jethani (wife of elder brother of her husband ). She used to carry her husband from her room and on objection she was subjected to cruelty. Prior to 10 days of this incident his elder son Prakash sent her to matrimonial house. On the day of incident at about 5:00 p. m. Shridhar Shukla came to him and said that his daughter has delivered a child, therefore, he went at Sirmaur Hospital where he saw her daughter in burnt condition. She was burnt totally below neck region but her hair of scalp were escaped. She died on 23. 07. 1996. Marg intimation was given by Shridhar Shukla on the basis of which marg No. 26/96 under Section 174 of Cr. P. C. was registered. On the basis of marg inquiry and written report of Ramsundar Gautam FIR was written whereby Crime no. 99/96 under Sections 498-A and 304-B, 34 of I. P. C was registered against the accused persons. Her dying declaration was recorded by Naib Tahsildar. Panchnama of dead body was prepared. On postmortem examination death of Ratna was found due to syncope as a result of extensive burn. Spot map was prepared. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the court of Judicial Magistrate First Class, Rewa who committed the case to the Sessions Court for trial.

(3.) THE accused persons were charged under Section 498-A and 304b of I. P. C. They denied the guilt and claimed to be tried mainly contenting that they are innocent and have been falsely implicated. Prosecution examined as many as 9 witnesses the accused persons did not examine any witness in their defence. After appreciating the evidence trial Court found them guilty under Section 498-A and 306 of I. P. C. and sentenced thereunder as stated hereinabove in para No. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.