PADUMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 12. 10. 1999 passed by the Additional Sessions Judge, Baloda Bazar District Raipu (C. G. ) in Sessions Trial No. 438/1997, wherein the appellate Court convicted the accused/appellants under Sections 498- A and 306/34 IPC , and sentenced them to undergo R. I. for 3 year and to pay fine of Rs. 500 each of the appellants under Section 498-A IPC, RI for 10 years and to pay fine of RS. 1000/- each under Section 306 / 34 IPC with default stipulations.

(2.) According to prosecution, deceased Sukwara Bai (hereinafter referred to as 'deceased') was married to Maniram in the year 1977-78. Appellant No. 1 and other co-accused persons, namely, Padumlal, Thagarilal, Mallinbai and Bansilal Kalar, being father-in- law, brother-in-law, mother-in-law and uncle-in-law of the deceased, used to harass her for bringing less dowry from her parents. Appellants subjected the deceased to 'marpeet' and cruelty in order to fulfill their demand of dowry. As a result of harassment and cruelty meted out to the deceased by the appellants, deceased Sukwara Bai committed suicide on 31. 08. 1997 by consuming pesticide. The deceased was brought to Government Hospital Lavan where she expired. The intimation of death of the deceased was given to the Police by the Doctor Banjare and Dr. Y. K. Sharma (PW-12), on the basis of which merg intimation Ex. P-8 was recorded. The dead body of deceased was sent for postmortem examination. As per postmortem report, death of deceased Sukwara Bai occurred due to poisoning. Her viscera was preserved and sent for forensic examination. On the basis of merg inquiry and postmortem report Ex. P-9, FIR Ex. P-10 was registered against the appellants for the offence under Sections 306 and 498-A IPC. After due investigation, appellant and other co-accused persons were prosecuted under Sections 306 and 498-A IPC and were put to trial.

(3.) In order to prove its case the prosecution has examined 20 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.