JEEVAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal under section 374 of CrPC against judgment dated 30.11.2009 passed in S.T.No. 590/2008 by learned IX Additional Sessions Judge, Ujjain (M.P.) thereby convicting the appellants for the offence punishable under sections 304-B of IPC and sentencing them each to undergo RI for ten years with fine of Rs. 5,000/- and also for the offence punishable under section 498-A of IPC and sentenced them to undergo RI for 2 years with fine of Rs. 500/- and 2 years, with default stipulation.

(2.) The brief facts of the case are that Bulbul wife of appellant No. 1 Jeewan Singh had died on 11.7.2008 by consuming poisonous substance. THE case was registered at zero no at Police Chowki, Civil Hospital, Ujjain and the Marg was sent to Police Station Ingoria where the Marg No. 34/08 was registered. It was found that Bulbul has died seven years after marriage, and she was harassed for demand of dowry by her husband appellant No. 1 Jeevan Singh and her mother-in-law appellant No. 2 Ramkunwarbai. After filing of challan and after completing trial by the impugned judgment the appellants were convicted for the offence punishable u/S. 304-B and 498-A of IPC and sentenced as mentioned in paragraph No. 1 of the judgment.

(3.) Learned counsel for the appellants has drawn the attention of this Court that Shyama Bai PW-2, who is mother of deceased and Acchelal PW- 3, who is father of deceased, in their statement they have stated that after marriage of their daughter Bulbul on 23.4.2007, she was living with appellants Jeevan Singh and Ramkunwarbai at village Patya Kheri. At the time of marriage appellants demanded a Motorcycle and they have assured him to fulfill this demand later on, therefore, the motocycle was be given to him. Lateron due to this reason their daughter was being harassed by appellants. When last time Bulbul came to their parent's house, she told that she has been harassed for brining motorcycle and gas. Later on she had informed on mobile phone that she was being harassed for motorcycle by the In-laws. At about 12:30 a.m. appellants are informed that Bulbul has consumed poison and she is in Civil Hospital.