- (1.) In this appeal preferred under Section 374(2) of the Criminal Procedure Code, 1973, from jail, the appellants had called in question the defensibility of the judgment of conviction and order of sentence passed on 24.04.2006 by the learned First Additional Sessions Judge, Betul in Sessions Trial No.186/2005 (State of M.P. Through P.S. Chopan, District Betul vs. Vishwajeet and others), whereby the learned Trial Judge after finding them guilty under Section 304- B of the I.P.C. and sentenced to undergo R.I. for 10 years each.
(2.) The facts, briefly stated are as under:- (A) The three accused persons namely Vishwajeet, Taruni and Gautam were prosecuted under Section 304- B of the I.P.C., in alternative under Section 302 of the I.P.C. Deceased Vishakha was married to accused Vishwajeet 5-6 months prior to her death. Accused Taruni was her mother- in- law and accused Gautam was her Nandeu, brother- in- law. After marriage, every thing was in order, but, after one month accused Taruni forced her to get Rs.50,000/- and golden chain, ring, etc. as dowry from her parents. Vishakha refused it saying that her widow mother is not capable to fulfill this demand. Further case of the prosecution is that for non- payment of dowry, the accused persons harassed the deceased and subjected her to cruelty. Many times, even they did not give her food, so villagers arranged it. In these circumstances, Vishakha reported the matter to the President, Mahila Utpiran Nivaran Samiti, Shahpur which ends in form of compromise between both the parties. But, she was being repeatedly tortured. These facts were informed by deceased to her relatives and neighbour also. She was unable to bear the cruelty to which she was subjected, by the accused persons. After one month from compromise, on 30th April, 2005, at about 1:00 p.m. Vishakha committed suicide by hanging herself in matrimonial house of accused Vishwajeet. Neighbour Niranjan informed the incident with the Police Station, Chopana which came to the registered as Marg Intimation No.10/2005 by H.C. Narendra Verma. Thereafter, investigation was conducted by Sub Divisional Police Officer, Sarani Shri Rajesh Kumar Singh. He inspected the site, prepared map from where he recovered and seized piece of mufflur (Duppatta) and green colored Nylon rope that had been used for hanging from sealing beam. This was done in the presence of Niranjan and Jamuni Bhushan. Thereupon, he prepared Panchayata nama in presence of witnesses Manju, etc. and arranged to sent the body for post mortem examination through Constable Shailendra. Team of Dr. M.K. Patil and Dr. K. Aathaner conducted autopsy over the body of the deceased lady and prepared post mortem report giving the cause of death as asphyxia, as a result of strangulation. (B) Shri Singh received 7 marriage photographs on being presented by Manju, sister of the deceased. He also received and seized application filed by Vishakha and compromise deed vide seizure memo on being presented by H.C. Narendra Kumar Verma. During further investigation Shri Singh recorded statements of witnesses Niranjan, Manju, Neelu, Laxmibai, Urmilabai, Manojeet Haldar, Gurudasi, Jaminibhushan, Sunita and others on various dates. On being enquired Dr. Patil given opinion that probably the case was of homicidal in nature due to strangulation. Senior Scientific Officer of F.S.L. Unit Betul, Shri S.B. Batham also inspected incident site and vide his report, he had given some directions to comply. Shri Makode took photographs filed with negatives. Thereafter, Shri Singh arrested all the three accused persons and on completion of other required formalities investigating agency filed challan under Section 304(B), 498 (A) of the I.P.C. adding Section 302/34 of the I.P.C. in the competent Court which in his turn committed the matter to the Court of Sessions Betul and eventually the matter was tried by learned trial Judge.
(3.) The accused persons abjured their guilt, pleaded false implication as they are innocent, therefore, put to trial.;