ASHWANI KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 27th May, 1998 passed by the 8th Additional Sessions Judge, Bilaspur in S.T. No. 210/97, convicting the appellant under Sections 306 and 498A of the Indian Penal Code and sentencing him to undergo RI for 3 years, fine of Rs. 500/-, in default thereof, to undergo additional imprisonment of 6 months and RI for 1 year, fine of Rs. 500/-, in default thereof, to undergo additional imprisonment of 6 months, respectively. Both the sentences were directed to run concurrently. Case of the prosecution, in brief, is that the younger sister of Anjoredas (PW 2) named Jethiabai was married to one Mallu of Village - Dodka, P.S. - Jarhagaon, about 15 years prior to the date of incident i.e. 12th March, 1997. Jethiabai lived with Mallu for about 2-3 years as his wife and thereafter, left Mallu because he had kept another lady as his wife and started residing in her parental home. Thereafter, Bhikhari alias Dukru, resident of Village - Gobripath, married Jethiabai through chudi custom. At the time of marriage, Bhikhari @ Dukru was aged about 60 years and he died three years before the date of incident. Bhikhari @ Dukru was having a house and 1.4 acres of land at Village - Gobripath. After the death of Dukru, Jethiabai had kept the land related documents of Dukru with her father. The said land was being cultivated by her brother Anjoredas (PW 2). In the year 1996, appellant Ashwani Kumar married Jethiabai through chudi custom. The parents of Jethiabai were not invited by appellant and Jethiabai to attend the marriage and therefore, they (appellant and Jethiabai) were ousted from the society. After marriage, Jethiabai was residing in the house of the appellant. Since the house of in-laws of Anjoredas (PW 2), brother of Jethiabai, was also situated at Village - Gobripath, therefore, Anjoredas (PW 2) used to frequently visit Gobripath. Before the Teeja festival, son of Anjoredas (PW 2) informed his father Anjoredas (PW 2) that his Bua, Jethiabai, is beaten by the appellant, therefore, he (Anjoredas) should take her (Jethiabai) back to his house. When Anjoredas (PW 2) went to the house of the appellant, Jethiabai informed Anjoredas (PW 2) that the appellant tortures her for transferring the land on his name and on her refusal, he beats her. Anjoredas (PW 2) had also seen 10-12 marks of injury on the body of Jethiabai. On this, Anjoredas (PW 2) took Jethiabai back to his house, where she remained for two months. Thereafter, the appellant came to the house of Anjoredas (PW 2) for taking Jethiabai back, however, Jethiabai refused to go back with the appellant. On this, Anjoredas (PW 2) told the appellant that when he (appellant) brings his (appellant's) father and the persons of his locality, then only Jethiabai will go back with the appellant. Thereafter, the appellant came alongwith his father and grand-father Janakram to the house of Anjoredas (PW 2) and after compromising the matter, Jethiabai was sent back with the appellant to his house. However, after a few days, Koushal Satnami (PW 3) informed Anjoredas (PW 2) that when he (Koushal Satnami) met Jethiabai in the village Mela, she was crying and saying that the appellant harasses and tortures her.

(2.) Allegation against the appellant is that he used to harass and torture Jethiabai for transferring the land on his name and therefore, having been fed up with the continuous harassment and torture, Jethiabai committed suicide by consuming poisonous substance i.e. seed of oleander.

(3.) The merg intimation was given by the appellant at Police Station - Kota on 12th March, 1997 at about 11.30 pm, whereupon Merg No. 11 /97 under Section 174 of Cr.P.C. was registered. During merg enquiry, on 13th March, 1997, Panchanama of the dead body of Jethiabai was prepared in presence of the witnesses as per Ex. P/2. From the place of occurrence, two broken skins of oleander were seized as per Ex. P/7 in presence of the witnesses. On the basis of merg enquiry, on 3.4.1997, Crime No. 81/97 for the offence punishable under Section 306 of the IPC was registered against the appellant by Assistant Sub Inspector M.L. Sharma, vide Ex. P/9. On being produced by Anjoredas (PW 2), Rin Pustika and the registered sale deed were seized on 4.4.1997 as per Ex. P/4 and the same were subsequently given on Supurdnama to Anjoredas (PW 2) as per Ex. P/3. The seized sale deed and photocopy of the document (Ex. P/10) given by the Patwari bearing number, area etc. of the land, were filed alongwith the charge sheet. The appellant was arrested on 19th May, 1997 as per Ex. P/19.