DEEPAK KUMAR MISHRA Vs. STATE OF M P

JUDGEMENT

(1.) In this criminal appeal, the appellant has challenged legality and validity of his conviction under Section 304-B of the IPC and sentence of R.I. for 5 years.

(2.) Deceased Arti Mishra @ Rama Bai committed suicide on 24-2-1993 by setting herself ablaze after pouring kerosene oil. The deceased was married with the appellant on 1-7-1988 and they had a girl child out of the wedlock in December, 1990.

(3.) The case of the prosecution, in short, is that the deceased was living with her father-in-law, mother-in-law, sister-in-law (Nanad) and her husband in her matrimonial home. However, on account of dispute the appellant and the deceased started residing separately at Kachharipara, Kawardha from December, 1991. She was treated with cruelty for demand of dowry. Her father died after 2 months of the marriage and the demand was made from her mother Mithilesh Bai (PW-1) and her brother (brother-in-law of the appellant) Ram Prakash Dubey (PW-2).