RAJU Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) of CrPC against the judgment dated 28.05.2005 passed by Vth Additional Sessions Judge, Sagar in Sessions Trial No.210/2004, whereby learned A.S.J. found appellants guilty for the offence punishable under Sections 304-B & 306 of IPC and sentenced them under section 304-B of IPC, which is graver one, to undergo R.I. for 10 years.

(2.) Brief facts of the case are that on 02.05.2004 Parasram Sen (PW/9) father of the appellant No.1 Raju and husband of the appellant No.2 Smt. Heera Bai lodged a report at Police Station Surkhi averring that one year back his son Raju's marriage was solemnized with Sangeeta, the daughter of Puran Sen, resident of village Jaisinagar. A month ago, he brought her to his house from Jaisinagar. On 01/05/2004 his son appellant Raju had gone to his aunt's (father's sister) house situated at the village Khurai. He slept outside of his house. His elder daughter in law Sukhavati was sleeping in the courtyard of the house and younger daughter in law Sangeeta in the room of the house. In the morning at 6 AM when Sangeeta did not open the door, he peeped into the room from window and saw that Sangeeta was lying dead on the floor of the room in a burnt state. On that Head Constable Jagdish Prasad, (PW/2) registered inquest No.27/2004 (Ex.P/4) under Section 174 of Cr.P.C. which was inquired by Sub-Inspector Avnish Singh (PW/15). During the enquiry, he went to spot and prepared spot map (Ex.P/7) and also seized pieces of broken bangles, burnt clothes and a cane of kerosene oil from the spot and prepared seizure memo (Ex.P/1). D.S.Tomar Naib Tehsildar (PW/16) prepared inquest report of the dead body of the deceased (Ex.P/3). Thereafter Avnish Singh (PW/5) sent the dead body of Sangeeta to District Hospital Sagar for postmortem where Dr.A.K.Saraf (PW/13) conducted the postmortem of the dead body of the deceased and gave the postmortem report (Ex.P/12) to the effect that Sangeeta died due to antemortem burn injuries. Further investigation was conducted by H.S Dadoria (PW/10). He recorded the statements of Sunita Sen (PW/4), Aunt of the deceased, Purushottam Lal Sen (PW/5) uncle of the deceased, Pooran Lal (PW/6) father of the deceased, Seema Sen (PW/8) sister in law and Kashiram Sen (PW/7), during inquiry it was found that the marriage of Sangeeta was solemnized with appellant Raju on 28.06.2003. After marriage Sangeeta lived with the appellant Raju, her husband; appellant Heera Bai, mother-in-law and other family members but behaviour of the appellants and their family members was not good with Sangeeta. They demanded one chain, motorcycle and Rs.20000/- as dowry and used to harass her due to which Sangeeta committed suicide by setting herself ablaze after pouring kerosene oil on 02.05.2004. On that police registered Crime No.218/2004 (Ex.P/8) for the offence punishable under Sections 304-B, 498-A, 34 of IPC and after investigation police filed charge sheet against the appellants before JMFC, Sagar who committed the case to the Court of Sessions on which S.T. No.210/2004 was registered.

(3.) Learned Vth Additional Sessions Judge framed the charge against the appellants for the offence punishable under Section 304-B in alternative 302 of IPC and tried the case. The appellants abjured their guilt and took the defence that they were innocent and have falsely been implicated in the crime. However after trial learned A.S.J. acquitted the appellants from the charge of Section 302 of IPC but found the appellants guilty for the offence punishable under Section 304-B of the IPC and 306 IPC (in place of charge of 302 of IPC) and sentenced them as aforesaid. Being aggrieved from that judgment, appellants filed this criminal appeal.