APAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since, the above two appeals arise out of the common impugned judgment, this judgment shall govern disposal of aforesaid both appeals.

(2.) Sessions Judge Sagar vide judgment dated 18.7.2001, convicted the appellant/accused under Sec. 304-B, Indian Penal Code on account of dowry death of his wife Anita (since deceased) and sentenced him to life imprisonment and with fine of Rs. 1,000, in default RI. for 6 months. However, co-accused /respondents have been acquitted of charges levelled on them. Appellant/ accused has challenged his aforesaid conviction and sentence whereas appellant/State has challenged acquittal of respondents/co-accused persons.

(3.) Facts, in short, are that the deceased was married to appellant/ accused on 24.6.1994. Deceased was constantly harassed by making demand of dowry, etc. by accused persons. Though Rs. 40,000 had been spent in marriage by way of giving cash and items, however, on account of demand of balance of Rs. 20,000 cash and other items like, motorcycle, Colour T.V., Fridge, etc. deceased was subjected to harassment and cruelty by accused persons. In order to satisfy demand of appellant/ accused a motorcycle was purchased by Pahalwan Singh, brother of deceased (PW-2) and was given to him, even then demands remained endless.