MAHADEV, JALAM CHADHAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 30.7.1999 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Sagar in Sessions Trial No. 451/98 convicting the appellants under section 498-A of the Indian Penal Code and sentencing them to rigorous imprisonment for three years with fine of Rs. 300/-, on each count respectively. In default of payment of fine simple imprisonment for 2 months.

(2.) In short, the prosecution case is that Rametri Bai, the deceased was married to appellant Bantu in the month of May, 1995. Appellants Mahadev and Gomti Bai happened to be her father-in-law and mother-in-law. After marriage, appellants made demand of cooler, almirah, bed, TV and Rs. 10,000/- in dowry and on not meeting the said demand they subjected Rametri Bai to cruelty. On 18.7.1997, Rametri Bai suffered burn injuries in the house of her husband. During treatment on 28.7.1997, she succumbed to injuries. Father and mother of Rametri Bai made complaint to police that the appellants committed dowry death of Rametri Bai.

(3.) During trial, after appraisal of the evidence of Uma Bai (PW-6), Anil Kumar (PW-8), Tulsiram (PW-9) and Ramkumar (PW-16), learned trial Court held that it was not proved beyond doubt that appellants caused dowry death of Rametri Bai, but it was established that they subjected Rametri Bai to cruelty for not meeting the demand of dowry. It was stated by Ramkumar (PW-16) who was present in the house that appellants assaulted and set Rametri Bai on fire, but taking into consideration the dying declaration Ex. D/1 recorded by ASI Ramesh Kumar Upadhyay (PW-5), it was found that Rametri Bai met with an accidental death. While she was preparing tea, her clothes caught fire. This statement was recorded on 19.7.1997 at about 1:00 p. m. In view of the above evidence, trial Court held the appellants not guilty of the offence under section 304-B I. P. C. but convicted them under section 498-A I. P. C.