AVADH RAJ SINGH, S/O TRILOK SINGH Vs. STATE OF MADHYA PRADESH (NOW CHHATTISGARH) THROUGH POLICE STATION DHAMTARI

JUDGEMENT

(1.) This appeal is directed against the judgment dated 15.10.1998 passed by the Additional Sessions Judge, Dhamtari in Sessions Trial No.346 of 1997 convicting and sentencing each of the Appellants as under:

(2.) Case of the prosecution, in brief, is that Appellant No.2, Anil Kumar is husband of Anamika (the deceased). Appellant No.1, Avadh Raj Singh is father-in-law of the deceased. Marriage between Anamika and Appellant No.1, Anil Kumar took place on 3.3.1995. On 22.4.1996, Anamika committed suicide by consuming poison at her paternal house at Rudri, Dhamtari. Morgue intimation (Ex.P18) was recorded on the basis of memo received from the hospital. Inquest (Ex.P16) was prepared. Post mortem examination on the dead body of Anamika was conducted by Dr. Y.K. Singh (PW4). His report is Ex.P17 in which he opined that the cause of death was asphyxia. On 7.5.1996, i.e., after 15 days of the death, a written report (Ex.P1) was lodged by Jai Narayan Singh (PW1), father of the deceased wherein it is stated that at the time of marriage, demand for dowry for a motorcycle was made which was not fulfilled due to which after the marriage, the husband/Appellant No.2 and his family members were harassing the deceased. On 2.9.1995, one letter of the deceased was received by Jai Narayan Singh (PW1). Therefore, Jai Narayan Singh (PW1) visited the house of the in-laws of the deceased and brought her back along with him from there. Thereafter, Jai Narayan Singh (PW1) tried to sort out the matter, but no positive response was received. Therefore, on 22.2.1996, a report under Section 498A of the Indian Penal Code was lodged in Police Station Dhamtari. Thereafter, in March, 1996, Chacha Sasur Nand Kumar and 7-8 other persons came to Rudri. Since both the Appellants had not come, therefore, no compromise took place. On 15.4.1996, Appellant No.2, Anil again came to Rudri along with 6-7 persons. At that time, Jai Narayan Singh (PW1) and his wife Rama Singh (PW5) were not present at the house. They insulted Anamika (the deceased) seriously and threatened her to come with them. When the parents of Anamika returned home, they saw that Anamika was under serious fear. On this, they asked Appellant Anil and Nand Kumar to come later on, therefore, they returned. Thereafter, on 22.4.1996, Anamika received a letter written by Appellant Anil. After reading the said letter, Anamika kept on weeping for the whole day and thereafter she committed suicide in the night. On the basis of the said written complaint (Ex.P1), First Information Report (Ex.P2) was registered. During the course of investigation, some letters dated 2.9.1995 (Ex.P5), 5.9.1995 (Ex.P6) and dated 17.4.1996 (Ex.P8) were seized from Jai Narayan Singh vide Ex.P7. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the present Appellants and other accused persons Surendra Singh, Nand Kumar and Madhuri Singh for offence punishable under Sections 498A, 304B, 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Charge was framed against them under Section 306 of the Indian Penal Code.

(3.) To rope in the accused/Appellants, the prosecution examined as many as 10 witnesses. Statement of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the circumstances appearing against them, pleaded innocence and false implication. No witness has been examined in their defence.