ANAND KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed by the accused who stands convicted for offences punishable under Section 306 of Indian Penal Code and Section 4 of the Dowry Prohibition Act 1961 and sentenced to imprisonment for 5 years and 6 months R.I. respectively - both sentences to run concurrently. The facts are as under:

(3.) Karuna. deceased and the appellant Anand Kumar were married in the year 1981 while she was yet a child. The gauna of the deceased, however, took place on 13th May 1986 and a month thereafter she visited her parents home to attend a family wedding and on 18th June 1986, returned to her matrimonial home accompanied by her brother-in-law. She, however, consumed aluminium phosphide (Sulphas) tablets on 28th June 1986 and in a precarious condition was removed to Kothi hospital from where she was referred to the Civil Hospital, Satna for further management. The Naib Tehsildar- eum-Executive Magistrate concerned was called by the doctor who recorded her dying declaration. Karuna, however, died soon thereafter, on which information was sent to Police Station City Kotwali, Satna on 29th June 1986 and a case under Section 498 A and 306 of the IPC and Section 4 of the Dowry Prohibition Act was registered. On the completion of the investigation, the four accused i.e. the appellant, his father Manmohan Gautam. mother Ramdulari and brother Anoop Kumar Gautam were committed to face trial and duly charged for the offences, as above mentioned. The trial court after recording the evidence of 20 witnesses and taking into account, in particular the ocular evidence, acquitted the parents and brother of the appellant but placing reliance on a letter dated 27th February 1986 Exhibit P-20 allegedly written by the appellant to his father-in-law held the case against the appellant proved and accordingly convicted and sentenced him, as already indicated above. In appeal the High Court-confirmed the order of conviction and sentence. It is in these circumstances that the matter is before us by special leave.