YASHODA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants in this appeal are the parents of Kalicharan, who was married to Gangabai (deceased) about 4 years before the date of occurrence. Her death in circumstances not considered normal within seven years of her marriage led to the prosecution of the appellants as well as Kalicharan and eight other relatives and villagers charged variously of the offences under Ss. 498-A, 304-B and 201, I.P.C. The trial of Kalicharan, husband of the deceased, was separated as he was found to be a juvenile and his case transferred to the Juvenile Court for his trial. The appellants along with eight other accused persons were put up for trial before the Fourth Additional Sessions Judge, Morena in Sessions Case No. 252 of 1989. The learned Sessions Judge by his judgment and order of February 4, 1992 found the appellants guilty of the offences with which they were charged but acquitted the remaining accused persons who were charged of the offence under S. 201, I.P.C. finding no evidence to support the charge. The appellants herein were sentenced to undergo one year rigorous imprisonment and to pay a fine of Rs. 500/- under S. 498-A, I.P.C. to ten years rigorous imprisonment and a fine of Rs.1,000/- under S. 304-B, I.P.C. and two years rigorous imprisonment and a fine of Rs. 500/- under S. 201, I.P.C. The appellants challenged their conviction and sentence before the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Appeal No. 31 of 1992 but the High Court finding no merit in the appeal, dismissed the same upholding their conviction and sentence.

(2.) It is not in dispute that deceased-Gangabai was married to Kalicharan about 4 years before the occurrence which occurred on May 19, 1989. While the prosecution contended that the death of Gangabai occurred under circumstances otherwise than normal and she was earlier subjected to cruelty and harassment by the appellants as well as by her husband and soon before her death also she was meted out such treatment by them in connection with demand for dowry, the defence contended that Gangabai died on account of an attack of diarrhoea and vomiting, and in spite of the fact that the appellants had taken her for medical treatment to the hospital at Morena where she was treated by the doctors. According to the defence the allegation against the accused that they had made persistent demand of dowry was false and that they had been falsely implicated on account of the fact that some amount had been advanced to Shankar Lal (father of the deceased) by them which remained unpaid.

(3.) The trial Court as well as the High Court have subjected the prosecution evidence to critical scrutiny and have concurrently reached the conclusion that so far as the appellants herein are concerned, the charges under Ss. 498-A; 304-B and 201, I.P.C. are fully established.