ARVIND KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Sadhna entered to a wedlock on April 26th 1982 with the appellant Arvind Kumar, son of appellant No. 2 Prembai alias Gulabrani. Sadhna committed suicide by pouring kerosene oil and setting her on fire on 2-7-82 which is after one month and 7 days of her marriage. Both the appellants have been adjudged guilty of abetement of suicide u/S. 306, IPC and making demand of dowry u/S. 4 of the Dowry Prohibition Act. Sentence of 7 years' R.I. u/S. 306, IPC and u/S. 4 of the Dowry Prohibition Act, R.I. for six months and fine of Rs. 5,000/- each was imposed, in default of payment of fine, they were ordered to undergo six months R.I.

(2.) Case has a checkered history, Initially both the appellants were acquitted by the trial Court on September 27, 1983. An appeal against acquittal was preferred to this Court. The appeal was allowed. Further evidence was ordered to be recorded. Thereafter the trial Court passed a judgment of conviction on August, 29, 1989 which is impugned in the present appeal.

(3.) Prosecution alleged that unsatisfied by the dowry the accused persons started harassing deceased Sadhna and they made the demand on 29th June and 2nd July with respect to Table Fan, Automatic Watch and Iron Almirah. Deceased Sadhna poured kerosene oil on herself and lit the fire. Report Ex. P/10 of the incident was lodged on July 3rd, 1982. Report was lodged by Santosh Kumar (PW. 7), brother of the appellant Arvind at check post Barha of police station Banda. It was mentioned in the report that while he was sleeping his sister Mamta informed that Sadhana had caught fire. Thereafter he reached the house of his father where Sadhana and her husband used to live, he saw that the entire body of Sadhna was burnt and smell of kerosene oil was coming out. Dr. Shrivastava was called for, who declared Sadhna dead. Statements of witnesses were recorded which reflect that the deceased was harassed on account of demand of dowry and was not given proper food and was asked that if she is daughter of her father. By the consistent harassment, she poured kerosene oil, set herself on fire and died on the spot. Two pieces of Match box P/11, pieces of burnt match stick, burnt clothes, four pieces of burnt nylone clothes, one mattresses, by which the deceased body was covered was recovered. Regarding the age and conduct of the deceased certificate from the school P/2 and P/3 was obtained. Sanction of District Magistrate was also taken to prosecute under Dowry Prohibition Act. Prosecution led the evidence of relatives of the deceased i.e. brother and father and landlord and also led the circumstantial evidence, also examined the witnesses of the school.