BINDA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 21.1.2000 passed by the 2nd Additional Sessions Judge, Rajnandgaon in Sessions Trial No.155 of 1995 convicting and sentencing each of the accused/Appellants as under: Conviction Sentence Under Section 304B of the Rigorous Imprisonment for 10 Indian Penal Code years

(2.) During pendency of this appeal, Appellant No.1, Binda Prasad died and vide order dated 10.4.2017 his appeal has been abated.

(3.) Case of the prosecution, in brief, is that about 3 years prior to the date of incident, i.e., in the year 1989-90, marriage of Uma (deceased) was solemnised with Appellant No.2, Naresh. Appellant No.1, Binda Prasad was father-in-law of deceased Uma. Acquitted accused Prabha Gupta is mother-in-law of the deceased. It is alleged that all the accused used to harass and beat deceased Uma on account of bringing less dowry. They used to threaten her that if she would not bring sum of Rs.10,000/- from her parents, they would kill her. On coming to her maternal house, deceased Uma had informed about this demand to her mother Sampatdevi (PW16) and sister Anju (PW18). Anju had resided at the matrimonial house of the deceased along with her for about 1 1/2 months. During that period also, Appellant No.2/husband of the deceased had poured kerosene on the body of the deceased. Other accused had also beaten the deceased at that time and had made a demand of Rs.10,000/-. They had asked the deceased to bring the sum from her parents. They did not send the deceased to her paternal house. They did not allow her to write letters to her paternal house. Due to all these, on 17.2.1993, she committed suicide by hanging herself in the room of her matrimonial house. At that time, the accused were not present at their house and the daughter of deceased Uma, namely, Pooja, aged about 1 1/2 years was present in the said room. Ramesh Gupta (PW9) lodged morgue intimation (Ex.P10). Inquest (Ex.P1) was prepared on 17.2.1993 itself. Post mortem examination was conducted by Dr. A.K. Gupta (PW8) on 18.2.1993. Post mortem report is Ex.P1A in which he opined that the death was due to asphyxia caused by hanging. On 19.2.1993, Sampatdevi (PW16), mother of the deceased came to Rajnandgaon on receiving intimation of death of the deceased. A written (typed) report (Ex.P13) dated 26.2.1993 was sent by post to the Superintendent of Police, Rajnandgaon by her. On the basis of the said written report (Ex.P13), First Information Report (Ex.P14) was registered on 8.9.1994. During investigation, statements of witnesses under Section 161 of the Code of Criminal Procedure were recorded. On completion of the investigation, a charge-sheet was filed against the accused for offence punishable under Sections 306/34, 498A and 304B of the Indian Penal Code. Charges were framed against them under Sections 306/34, 498A and 304B of the Indian Penal Code.