RAJA RAM Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall dispose of both criminal appeals [Criminal Appeal No.703/1999 (Raja Ram and Ratan Bai v. State of M.P.)] and Criminal Appeal No.722/99 (Nandoo and Kesar Singh v. State of M.P.) filed by the appellants arising out of the same impugned judgment dated 13th May, 1999 passed by Fourth Additional Sessions Judge, Ujjain in Sessions Trial No. 45/ 1998. whereby the appellants of both the appeals have been convicted under Section 306 of Indian Penal Code and sentenced to 7 years rigorous imprisonment, fined Rs. 500, in default 6 months rigorous imprisonment, respectively.

(2.) Admitted facts of the case are that the appellant Kesar Singh is husband of the deceased Smt. Hemu Bai. The appellant Nand Kishor is brother-in-law (Jeth) of the deceased. The appellant Rajaram is father- in-law and Ratan Bai is mother-in-law of the deceased Smt. Hemu Bai. Deceased Smt. Hemu Bai died on 10.8.1997 by consuming poisonous pesticide containing aluminum phosphate (sulphas pesticide).

(3.) Case of the prosecution, in short, is that marriage of the deceased Smt. Hemu Bai was solemnized with the appellant Kesar Singh prior to 8 to 15 years death of the deceased. Deceased Smt. Hemu Bai was not having any issue. It is alleged that all the four appellants used to subject the deceased with cruelty. They used to harass her and beat her. They dragged the deceased to commit suicide. On 10.8.1997, prior to the incident, deceased was in her matrimonial house, and the appellant Kesar Singh and deceased Smt. Hemu Bai executed affidavits Ex.P7 and Ex.P8 respectively and deceased went to her husband's house, after some days, on the date of the incident she committed suicide. Dehati Nalis Ex.P2 was lodged by Kalooram. Inquest memo of dead body of deceased Ex.P1 was prepared. Dr. Shaheed Hussain (PW6) on 8.11.1997, conducted post-mortem of the deceased along with Dr. Umesh Chandra Sharma (PW9). They doubted that deceased died of consuming poison vide postmortem report Ex. P4. However, viscera of the deceased was preserved. It was sent to FSL Sagar for chemical analysis. Aluminum phosphate (sulphas pesticide) was found in the viscera of the deceased vide Report Ex. P16. Statement of witnesses were recorded under Section 161 Cr.P.C. After completion of investigation both the appellants were charge- sheeted and case was committed to the Court of Sessions for Trial.