LAWS(MPH)-2000-2-63

RAM KISHAN JAIN Vs. STATE OF MADHYA PRADESH

Decided On February 10, 2000
RAM KISHAN JAIN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) APPELLANTS Ramkishan, Ramesh and Suresh have been convicted under Section 498-A, I. P. C. and sentenced to rigorous imprisonment for three years and to a fine of Rs. 1,500/- each. Appellant Suresh has also been -convicted under Section 324, I. P. C. and sentenced to rigorous imprisonment for two years. Appellants Ramkishan, Ramesh, Meera Jain, and Pinki have been convicted under Section 324/34, I. P. C. and sentenced to rigorous imprisonment for two years each.

(2.) SUNITA (P. W. 1) was married to accused Suresh Jain on 22. 2. 1995. The couple lived happily for about four months at Raipur. There was unhappihess in the next six months and Sunita (P. W. 1) left her matrimonial home with her father on 30. 11. 1995 and came back to her parental abode in Bhilai. Accused Ramkishan and Ramesh are elder brothers of Suresh. Accused Meera Jain is wife of accused Ramkishan and accused Pinki is his daughter.

(3.) THE prosecution case is that after four months of the marriage the accused persons started harassing and ill-treating Sunita (P. W. 1 ). They asked her to bring a Yamaha motor-cycle and a colour T. V. as dowry. They also asked her to bring Rs. 40,000/- from her father so that her husband may commence cloth business with that money. Sunita (P. W. 1) and her father Sajjan Agrawal (P. W. 3) expressed their inability to meet such a demand. Thereafter the accused persons started torturing Sunita (P. W. I ). They attempted to hang her, administer calmpose tablets to her and her husband cut arteries of her both the hands near the wrist joint with a blade. These injuries started bleeding. At that time accused Ramesh and Ramkishan had caught hold of her hands and accused Meera Jain and Pinki were holding her legs. Her husband uttered that she would die on account of bleeding from these arteries. The incident of cutting of the arteries is of 30. 11. 1995. Ori the same day her father reached there and brought her from Raipur to Bhilai. She was treated by Dr. D. Mahapatro (P. W. 6) for the injuries which she had sustained in her hand 3. Sunita (P. W. I) lodged the F. I. R. at Raipur Police Station on 11. 12. 1995 at 2. 30 p. m. She was sent for medical examination. She had written two letters (Ex. P/2a and Ex. P/2b) from Raipur to her father complaining the harrassment to which she was being subjected by her husband and the persons related to him.