DAMBARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by judgment and order dated 24.09.2001 passed in Sessions Trial No.117/2001 by Second Additional Sessions Judge, Neemuch, the appellant has preferred this appeal.

(2.) By the impugned judgment, the learned trial Court has held the appellant guilty for the offence under section 302 in alternate 304-B and 498-A of the IPC and has awarded life imprisonment and fine of Rs.5,000/- for the offence punishable under section 302 of the IPC, 3 years RI and fine of Rs.1,000/- for the offence under section 498-A of the IPC. In default of payment of fine, he is directed to undergo two years and six months RI for both the offences respectively. No separate punishment is awarded for the offence under section 304-B of the IPC.

(3.) Succinctly stated facts leading to the present appeal are that deceased Lalita @ Lilabai married to the appellant Dambarlal on 29.04.1994. She was found dead in the well of the appellant situated on his farmland. Her dead body was fished out by the villagers. The incident was reported to the Police Station Jawad, District Neemuch by the village Chowkidar Karulal. Merg No.05/2001 under section 174 of the Cr.P.C. (Ex.P/62) was registered. The police visited the spot, called the witnesses (Ex.P/3), prepared memo of corpse (Ex.P/2), sketched spot map (ExP/13), seized a slipper, a bucket and a nylon and cotton rope found on the hedge of the well, also seized plain and blood smudged soil (Ex.P/4), sent the dead body for postmortem and obtained report ExP/6. While preparing memo of corpse Ex.P/2, several injuries on all over the body were noticed. In postmortem also, 20 lacerated wound, abrasion and contusion were observed by the doctors. Her lever and spleen were found ruptured. Therefore, the police registered FIR No.67/2001 and investigated the case. During investigation, it revealed that relation of the appellant and his parents with the deceased were not cordial. Their behaviour with her was not good. They were demanding money and harassing her. Once her husband had taken away her gold tops for which she had castigated him. They both embroiled in dispute. On the date of incident, he went with the deceased on his well, where he beat her and pushed her into the well and left the village and had gone to Neemuch. In reply to the query raised by the police, the doctors opined that the death was homicidal. The police arrested the accused. On his instigation, recovered gold tops from a goldsmith to whom he had sold them. The police also seized invitation card of marriage of the appellant and the deceased and after completing the investigation filed charge-sheet against the appellant and his parents.