The prosecution must prove the case beyond reasonable doubt to secure a conviction under Section 306 of IPC.

JUDGMENT

Satyendra Kumar Singh, J. - The appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (2 of 1974) [in short 'Cr.P.C.'] against the judgement dated 04.12.1999, passed by the 4th Additional Session Judge, Ujjain (M.P.) in S.T. No.225/1998, whereby each of the appellant has been convicted under Section 306 of the Indian Penal Code, 1860 (in short 'IPC') and sentenced them as under :-

 2. Prosecution story, in brief is as follows :-

(i) Appellants No.1 Kamal Singh & No.2 Tejukunwar Bai are husband and mother-in-law of the deceased Lalkunwar Bai, who was married to appellant Kamal Singh about 10 years ago. At the time of her marriage, it was agreed that her parents will give 1 kg. silver, 10 grams gold and Rs.2,000/- in cash but her parents could not give the whole demanded items and only 250 grams silver was in short, due to which appellants started harassing the deceased and had refused to send her to her paternal house, for which deceased's father Narayan Singh gave silver bangles weighing around 400 grams and silver anklet weighing around 350 grams to the deceased. The appellants even then continued dowry demand cruelty with the deceased, due to which on 02.06.1998, she committed suicide by consuming poisonous substance.

(ii) On the same day at about 19.00 hours, ASI K.P.S. Chauhan, after receiving the information about the death of the deceased from Kesar Singh, lodged the Merg Intimation Report (Exhibit- P/6) at police station Kaytha, District Ujjain. On the next day i.e. 03.06.1998, I/O Dy. Superintendent of Police Y. U. Farukhi went to the place of occurrence, called the witnesses issuing Safina Form (Exhibit-P/9), prepared inquest report (Naksha Panchayatnama) vide Exhibit-P/7 of the body of deceased and thereafter, vide letter (Exhibit-P/10) sent the same to District Hospital, Ujjain for post-mortem examination. Dr. Shahid Hussain conducted post-mortem examination of the body of deceased, prepared the post-mortem report (Exhibit-P/1) and opined that the death of the deceased was caused due to suspected poisoning within 24-36 hours since the post-mortem examination. He also preserved, sealed and handed over the same to the police.

(iii) I/O Y. U. Farukhi prepared the spot map (Exhibit-P/11), seized plain and vomited soil alongwith the poisonous tablets found on the spot, as per seizure memo (Exhibit-P/3), recorded the statements of the prosecution witnesses and thereafter, lodged FIR (Exhibit-P/12) against the appellants. He vide letter (Exhibit-P/13) sent all the seized articles to the Forensic Science Laboratory, Indore for chemical examination, arrested the appellants and after completion of the investigation, filed the charge-sheet against the appellants for the offence punishable under Sections 306/34 of IPC before the Court of J.M.F.C. Tarana, Distt. Ujjain, who committed the case to the Court of 4th Additional Session Judge, Ujjain.

3. Learned Trial Court considering the material prima-facie available on record, framed the charges under Section 306/34 of IPC against the appellants, who abjured their guilt and prayed for trial. In their statement recorded under Section 313 of Cr.P.C., they pleaded their false implication in the matter. In support of their defense, they did not examine any witness.

4. Learned Trial Court after appreciating the oral as well as documentary evidence available on record, convicted the appellants for the offence punishable under Section 306 of IPC and sentenced them as mentioned in para-1 of this judgement. Being aggrieved with the said judgement of conviction and order of sentence, appellants have preferred this appeal for setting aside the impugned