ASHOK KUMAR SATNAMI Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal filed by the appellants under Sec. 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dtd. 25/9/2000, passed by 2nd Additional Sessions Judge, Balodabazar, Dist: Raipur (C.G.) in Sessions Trial No.429/1999, whereby the appellants have been convicted for offence under Sec. 304-B of the IPC and sentenced them to undergo R.I. for 10 years to each of the appellants.

(2.) Facts of the case in brief is that Pushpa Bai, who was resident of village Bilari, had married to the appellant No.1- Ashok in the month of March-April, 1999. Father of Ashok is appellant No.2-Shivram and appellant No.3-Ratiram is brother-in-law of Ashok. In furtherance of common intention, they harassed Pushpa Bai by demanding dowry, as a result of which Pushpa Bai committed suicide by set her ablaze by pouring kerosene upon her. Thus, within one year of marriage, Pushpa Bai died under suspicious circumstances.

(3.) Further case of prosecution is that after the marriage, during bidai, after seeing the things kept in the tractor, given by the parents of Pushpa Bai, appellant No.3-Ratiram tumbled the things by stating that the things were not good. When Pushpa Bai came to her parents' home for the first time after marriage, she told her family members that she was being harassed on account of demand of dowry. After staying at her maternal home for 2 days, appellant Ashok Kumar Satnami took her back to her in-laws house. When the parents of Pushpa Bai called her after 02 months to come to her maternal home, then appellant refused to send Pushpa Bai to her maternal home and as a result of torture and harassment, Pushpa Bai committed suicide by setting her ablaze by pouring kerosene upon her on 17/07/1999, due to which she died. Appellant No.2-Shivram gave information about her death to village Kotwar-Mangturam (PW-1), then he informed the police, thereafter, merg intimation was recorded vide Ex.P-1. Panchnama of dead body was conducted. Dr. Narayan Singh (PW-5) examined the dead body of deceased and submitted its report vide Ex.P-5, in which, he stated that there were no injury mark on the body, but there were burns to the depth of skin. Most of her hair on the forehead and ears were burnt. Carbon particles were also found in his throat and on that basis, doctor opined that cause of death was due to shock and suffocation by burns, which was of suicidal nature. Statements of witnesses have been recorded by the police. Spot map was prepared and it was found that Pushpa Bai was harassed on account of demand of dowry, due to which she died otherwise than under normal circumstance. After investigation, charge-sheet was filed against the appellants.