ARVIND SHARMA Vs. STATE OF M P

JUDGEMENT

(1.) Learned First Additional Sessions Judge Bhopal has passed the impugned judgment dated 30.11.1994 in Sessions Trial No. 378/92 by which appellant has been convicted under Section 304-B of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of eight years.

(2.) Being aggrieved, the appellant has preferred this appeal under Section 374 (2) of Code of Criminal Procedure.

(3.) The brief facts of the case are that marriage of Abha Sharma (since deceased), daughter of complainant Madan Mohan Dubey (PW2) was solemnized on 15.5.1991 with appellant/accused Arvind Sharma. It is undisputed that Halki Bai is mother and Raghunandan Sharma is elder brother (both acquitted) of appellant/accused. It is alleged that appellant along with his mother and brother ill treated to Abha Sharma in regard to demand of motor-cycle. When Madan Mohan not fulfilled the demand of dowry, the accused persons ill treated and harassed Abha Sharma. On 11.2.1992 Abha Sharma was admitted to Hamidia Hospital, Bhopal due to burn injuries. Complainant Madan Mohan (PW2) received an information about an accident, he reached to the Hamidiya Hospital. According to him, Abha Sharma disclosed that due to non-fulfillment of demand of motorcycle of accused persons, accused Arvind poured kerosene oil on her and set her ablaze. She further narrated that Arvind threatened her and got a statement recorded in his favour. Ultimately, on 15.2.1992 Abha Sharma succumbed to her burn injuries. Complainant Madan Mohan Dubey tried to lodge a report in police station but appellant Arvind Sharma being an employee of traffic police, police did not record his report. On 24.2.1992, complainant lodged a written report Ex.P/2 to the Superintendent of Police, Bhopal and sent copy to the higher authorities. Thereafter the police registered the offence under Sections 498-A and 304-B of the Indian Penal Code against accused persons.