HIRALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 22.1.1996 passed by Sessions Judge, Satna in S.T.No.47/1995, whereby the appellant was convicted for offence punishable under sections 304-B, 498-A of IPC and sentenced for a term of 7 years of rigorous imprisonment and another term of 1 year of rigorous imprisonment. Both the sentences were to run concurrently.

(2.) PROSECUTION's case, in short, is that, the appellant was married to one Ramlali but, since she was not blessed with any child therefore, the appellant married the deceased Shyama Bai on 6.7.1989. At the time of the marriage, there was no demand of dowry. After the marriage of the appellant and the deceased Shyama, one boy and one girl were born to the deceased Shyama. Thereafter, the appellant started demanding various articles including 2 Tolas of the gold and started harassing the deceased Shyama. 3-4 days prior to the incident dated 23.1.1995, a burglary took place in the house of the appellant and thereafter, on 21.1.1995 the appellant took his wife Shyama to her parents house and again he demanded 2 Tolas of gold and other articles. On 22.1.1995, he brought back the deceased Shyama to Satna in a forceful manner. In the night between the 22nd and 23rd January, 1995, Shyama committed suicide by setting herself on fire. Bhaiyalal (P.W.1) had informed Police Station City Kotwali, District Satna at about 8 a.m. in the morning about the incident. Initially a merg was registered. Thereafter, a case was registered. After due investigation, a charge-sheet was filed before JMFC, Satna, who committed the case to the Sessions Judge, Satna.

(3.) I have heard the learned counsel for the parties.