GIRRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have been convicted under Section 498A of the IPC and have been sentenced to rigorous imprisonment for two years and fine of Rs. 500/ - each. In default of payment of fine, they have been sentenced to further imprisonment for two months each by the First Additional Sessions Judge, Morena in Sessions Trial No. 41/89. Feeling aggrieved by the impugned judgment the appellants preferred the present appeal.

(2.) THE prosecution case, in brief, is that Smt. Doota alias Girja was married to Girraj, the appellant No. 1, about three years' prior to the incident, i.e. on 10.1.1988 when she died in her in - law's house. Intimation thereof was given to her father (PW 1) Siyaram. Siyaram gave a written report Ex. P -1 to the Police Station Banmore on which the police registered a marg intimation Ex. P -2. Since the death was within seven years from the date of her marriage, offence u/Ss. 306, 304B and 201 IPC was registered by the Police. It was contended that demand of Motor - cycle was persistently made and since the demand was not fulfilled, she was done to death.

(3.) THE prosecution examined (PW 1) Siyaram father of the deceased Doota Bai alias Girja, (PW 2) Lokendra Singh (PW 3) Mishrilal (both neighbours), (PW 4) Shyamsundar; brother of the deceased, (PW 5) Om Prakash, cousin of deceased, (PW 6) Ramcharan Singh, Incharge, Police Station, Banmore, (PW 7) Dr.Kunj Biharilal, (PW 8) R.R. Choudhary, Dy. S.P., Investigating Officer and (PW 9) Shambhudayal a witness of seizure of cremation ashes. 4. The appellants examined (DW 1) Shrilal Patel a neighbour of accused -appellants, (DW 2) Ramkumar Sharma and (DW 3) Mahesh Kumar: both are teachers, living nearby the appellant in their defence to show that Smt. Doota alias Girja was nicely treated and she was complaining stomach -ache.