SUBHASH Vs. STATE OF M P

JUDGEMENT

(1.) SINCE the aforesaid revisions and the appeal arise out of common judgment, this judgment shall govern the disposal of all the above revisions and appeal.

(2.) APPELLANT Subhash has filed Criminal Appeal No.1188/1995 against the judgment dated 26.8.1995, passed by Additional Sessions Judge, Maihar, district Satna, in Sessions Trial No.71/1995, convicting him under Sections 304B and 498A of the Indian Penal Code and sentencing him to rigorous imprisonment for seven years under Section 304 of the Indian Penal Code. No 3 separate sentence has been passed for the offence under Section 498-A of the Indian Penal Code.

(3.) ON 21.4.1995, Jeevanlal Agrawal, the maternal grand father of the deceased, submitted a written report (Ex.P/4) to Station Officer of Police Station, Amarpatan, alleging that after marriage when deceased had come back to her parents' house, she had disclosed to her parents and other family members that her husband and other accused persons were angry because of not giving sufficient dowry in the marriage and they used to extend taunts to her about that. She had also disclosed that her husband used to say that he did not marry her out of his own wish, he had married under the influence of his elder brother. Deceased was made to understand that everything would be alright with the passage of time, but her husband used to manhandle and insult her. When she conceived, he asked her to go to her uncle's house and get her pregnancy aborted. She was also intimidated for not doing so. However, she delivered a female child. Even thereafter, the relations between them could not be improved. ON 13.3.1995, when her brother Sanjay went to her house to invite her for some family function, she complained to him about her harassment. According to Jeevanlal, on 19.4.1995, at about 8.30 a.m., a police constable informed him that her grand daughter had died. All the family members went to the house of accused persons and saw that deceased was burnt to death by them. According to him, police did not record their statements. Therefore, the written report was submitted.