DINESH KUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present criminal appeal has been filed by the appellant Dinesh Kumar Soni being aggrieved by the order of conviction and sentence dated 3.9.1997 passed by the learned Additional Sessions Judge, Gadarwara, in Sessions Trial No. 108 of 1995 convicting and sentencing the appellant for an offence under Section 306 I.P.C., by rigorous imprisonment for five years and a fine of '1,000/- and in default of payment of fine, rigorous imprisonment for two years.

(2.) The brief facts of the case, as per the prosecution, is that the marriage between the appellant herein and the deceased was solemnized in June 1986. Thereafter, it is the prosecutions' case that the appellant looked after the deceased well for about two years. But after that, the appellant started demanding '50,000/- towards dowry and as the same was not being paid used to threaten the deceased Mamta with death and dire consequences. It is further the case of the prosecution that on 3.3.1991 the deceased was physically assaulted and she informed her father vide Ex.P3, which is a letter. In the year 1988, the appellant is stated to have gone to the house of the deceased and asked her father Bhagwandas for '50,000/- to buy a jeep and if the same was not paid, he would solemnize another marriage and leave the deceased. However, on account of the financial inability of the father of the deceased, the demand could not be fulfilled.

(3.) The prosecution has also tried to establish that the deceased had informed her relations at her parental home about the harassment she faced. Further, in the year 1991 the deceased had gone to her parental home and returned to her matrimonial home only after a passage of almost two and a half years in the year 1993. It is also stated by the prosecution that 10 to 15 days before her death, the deceased had gone to see her ailing father along with her brother-in-law. There she is stated to have informed her sister-in-law (PW-4) that her mother-in-law and husband used to harass her and not give her food for almost two days at a stretch. They also threatened that the appellant would give her divorce under the "chodchutti" practice prevalent in their village. The deceased is stated to have written a letter to witness Sunita (PW-4), which has been proved as Ex.P6, about the demand for '50,000/-. On 9.10.1984, in the morning around 8 O' clock, the appellant went to Police Station Gotetoriya along with the Kotwar and informed the police that on account of Navratri he was sleeping separately with his wife and at night approximately around 1.00 a.m. his younger brother Madan informed him that their house was on fire. When he woke up, he saw that his wife Mamta was lying dead after having suffered burn injuries in the toilet. Thereafter, the present case was instituted against the petitioner. He was charged by the learned Trial Court for offences under Sections 498-A, 304-B, 302 and 306 I.P.C.