BABULAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 20.1.2006, passed by Second Additional Sessions Judge, Damoh, in Sessions Trial No.1/2001, convicting them under Sections 302 and 304-B of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs.1000/- and rigorous imprisonment for 10 years with fine of Rs.500/- on each count respectively with default stipulation.

(2.) The prosecution case in nutshell is that Jyotibai, the deceased, was the wife of appellant Babulal and daughter-in-law of appellant Kallibai. About one and half years before the date of incident, which occurred on 1.10.2000, deceased was married to Babulal. Though no dowry was settled at the time of marriage, but the parents of deceased had given dowry in the marriage according to their capacity. After marriage, second time, when deceased came back to her parents' house, she informed that her husband, mother-in-law, father-in-law and Jethani used to demand Rs.10,000/- in dowry. They also used to pass comments on her for not bringing sufficient dowry. On later occasions also deceased told to her family members that for not giving Rs.10,000/- in dowry, appellants, Gangaram and Anita used to manhandle her. For about two months, deceased stayed at her parents house. When her uncle died, her father-in-law came there and asked her to go back with him. Despite opposition of her family members, he took her with him. On 13th day ceremony also she was not sent to her parents' house and instead her husband Babulal attended the ceremony. After about two days, Nanna (PW-2), the the dying declaration (Ex.P/8) of the deceased. She was then referred to Jabalpur Hospital where on 8.10.2000 she breathed her last. Murg intimation report was recorded at Jabalpur and was transferred to Damoh. After Murg enquiry, police registered first information report (Ex.P/9) under Section 304-B of the Indian Penal Code. After investigation, charge sheet was filed under Section 304-B of the Indian Penal Code.

(3.) After committal, though trial court framed charges under Section 304-B of the Indian Penal Code against all the four accused persons, but, in addition to it charged appellants under Section 302 of the Indian Penal Code also.