BHAGCHAND Vs. STATE OF M P

JUDGEMENT

(1.) Appellant Bhagchand has preferred this appeal u/s 374(2) of Code of Criminal Procedure, 1973 (in short 'the Code') alongwith his mother Appellant no.2 Ramabai (since dead), feeling aggrieved against the judgment dated 5.1.1994 passed by Additional Sessions Judge, Khurai in Sessions Trial No.341/92, convicting him u/s 304-B, 498-A, of Indian Penal Code (in short 'IPC') and u/s 3 and 4 of Dowry Prohibition Act, 1961(for short 'the Act, 1961') and sentencing him to rigorous imprisonment for life, R.I. for 3 years with fine of Rs.2,000/- in default S.I. for 3 months, R.I. for 3 years with fine of Rs.15,000/- in default S.I. for 1 year and R.I. for 2 years with fine of Rs.2,000/- in default S.I. for 3 months respectively.

(2.) Appellant no.2 Ramabai (mother of appellant Bhagchand) died during pendency of this appeal on 13.9.2008 so her name was deleted from the array of appeal and so far as appeal filed against her is concerned stands disposed of having been abated . This appeal, therefore, survives only so far as accused/appellant Bhagchand is concerned.

(3.) Undisputedly co-accused persons Babloo alias Umakant, Raju alias Rajendra and Ramesh were acquitted by trial Court. Deceased Sangeeta was married to appellant Bhagchand on 12.3.1992 and she died an unnatural death due to burn by fire on 8.8.1992 (within five months from the date of marriage) in the house of the appellant.