KAMLA BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellants against the judgment dated 25th July, 2003, passed by Additional Sessions Judge, Burhanpur in Sessions Trial No. 161/2002, convicting the appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to imprisonment for life with fine of Rs. 1000/-, in default further rigorous imprisonment for one month.

(2.) In short, prosecution case is that Bharti, the deceased was married to Kanahiya, the son of appellant no.1 Kamla Bai on 4.5.2001. Appellant No.2 Samadhan is younger brother of Kanahiya. On 11.7.2002, at about 3 P.M., deceased suffered burn injuries. She was carried to hospital, where during treatment on 12.7.2002, she expired. It is alleged that appellants and two accused persons namely Shanta Bai and Pawan used to harass her by making demand of cash and ornaments in dowry and on not meeting the demand, subjected her to cruelty. When deceased was taken to hospital, she was found to have suffered 100% burn injuries.

(3.) After completion of the investigation, charge sheet was filed under Sections 498-A, 304-B and 302/34 of the Indian Penal Code. All the accused persons including the appellants abjured their guilt. According to them, they were falsely implicated. They lived separate after the marriage of deceased.