LAWS(SC)-2013-11-7

BHUPENDRA Vs. STATE OF MADHYA PRADESH

Decided On November 11, 2013
BHUPENDRA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) The question before us is whether Bhupendra (the appellant) was rightly convicted by the Additional Sessions Judge, Morena, Madhya Pradesh of having committed an offence punishable under Section 498-A, Section 304- B and Section 306 of the Indian Penal Code (IPC) and whether his conviction was rightly upheld by the High Court of Madhya Pradesh. In our opinion the question must be answered in the affirmative and therefore we find no merit in this appeal.

(2.) Geeta Bai married Bhupendra on 7th June, 1993 and at that time her father PW-1 Bhika Ram gave dowry to Bhupendra and his family according to their means. The case of the prosecution was that Geeta Bai was harassed by Bhupendra and members of his family who demanded dowry over and above what was given to them at the time of marriage. Initially, the demand was for a she buffalo which was met by Bhika Ram. Then there was a further demand for Rs. 10,000/- in cash on 20th August, 1996. However, since Bhika Ram was unable to meet this demand, and apparently fearing the worst, Geeta Bai consumed wheat tablets on the evening of 20th August, 1996 at her matrimonial home.

(3.) Since Geeta Bai had taken unwell, Bhupendra took her to the District Hospital at Morena for treatment. PW-8 Dr. S.C. Aggarwal informed the Station Officer of Police Station City Kotwali at about 10.30 p.m. about the incident. Later on, Geeta Bai died at about 11.25 p.m. and intimation of this was also sent by Dr. Aggarwal to the Station Officer of Police Station City Kotwali. On the basis of the information received, a case was registered and investigations commenced by the police.