KHEMA Vs. STATE OF M.P.

JUDGEMENT

(1.) Present appeal has been preferred by the appellants against the judgment dtd. 20/11/1999 passed by 13th Additional Sessions Judge, Indore in Sessions Trial no. 177/1995, whereby the appellants have been convicted under Sec. 498-A of Indian Penal Code ( in short"IPC") and sentenced to undergo rigorous imprisonment for two years with fine of Rs.500.00 each with default stipulation.

(2.) Necessary facts for disposal of present appeal in short are that appellant no. 1 Khema is the husband of deceased Bhagubai and appellant no. 2 Beenubai @ Kamlabai is the mother-in-law of the deceased. Marriage of the deceased was taken place with appellant no. 1 Khema three years prior to the incident. It is alleged that immediately, after the marriage, present appellants as well as coaccused Radho, who is brother-in-law of the deceased started treating the deceased with cruelty and harassing her for demand of dowry. As a result of which, parents of the deceased took back the deceased to their home. Four months before the incident, appellant no. 1 Khema alongwith same community persons went to the house of father of the deceased and after reconciliation, appellant Khema brought the deceased to her matrimonial home, but despite his assurance, the appellants continued to harass and pressurize the deceased for bringing money from her father. The deceased narrated the entire incident to her parents at the occasion of Rakshabandhan festival. On 12/09/1994. on account of cruelty and harassment by the appellants, the deceased committed suicide in her matrimonial place by drowning herself in a pond. Accordingly, merg no. 32/1994 was registered and Sub-Inspector R.N. Gurjar stated merg inquiry. He prepared dead body panchanam vide Ex.-P/5 and spot-map vide Ex.-P/7 as also, made an application for conducting postmortem of the deceased vide Ex.-P/6. After recording the statements of the witnesses, the police came to the conclusion that offence under Sec. 304-B and 498-A of IPC had been committed. Accordingly, FIR was registered against the appellants and co-accused Radho. They were arrested. The deceased's thigh bone and visara were sent for analysis to FSL. After receiving FSL report, the police filed charge-sheet against the appellants and co-accused Radho.

(3.) The trial Court framed the charges under Sec. 304-B and 498-A of IPC against the appellants and co-accused Radho. The appellants and the co-accused abjured their guilt and took a plea that they have been falsely implicated in the present case.