VIDYA DEVI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred under Section 374 of Cr. P. C. against the impugned judgment dated 16-06-2011 passed in Sessions Trial No. 191/2010 by the learned Additional Judge to the court of 6th Additional Sessions Judge (FTC), Bhind, convicting of the appellants for offence under Sections 304-B of IPC and sentencing each of the appellants to undergo 10 years RI and they have been further convicted under Section 4 of the Dowry Prohibition Act and each of the appellants has been further sentenced to undergo one year RI with fine of Rs.2000/-, with default stipulation.

(2.) SUCCINCTLY the facts of the case are that the marriage of the deceased Soniya took place with appellant Rakesh on 7.5.2009. After her marriage, she was harassed for fulfilling the demand of motorcycle and Almirah, due to annoyed with demand of dowry, the deceased committed suicide by hanging on 21.6.2010. After merg inquiry, the police registered the case and filed the challan before the competent court of law. The learned trial court framed the charges for offence punishable under sections 304-B in alternative 306, 498-A of IPC and under section 4 of the Dowry Prohibition Act and after completion of trial, the learned trial court vide its impugned judgment dated 16.6.2011 convicted and sentenced the appellants.

(3.) LEARNED counsel for the appellants has submitted that it is an admitted fact that deceased Soniya was married by maternal uncle Satpal (PW-6). Satpal (PW-6) in his statement has stated that after marriage Soniya came to him twice. She told him that accused persons harassed her by saying that motorcycle and Almirah were not given and demanded motorcycle and Almirah. At the time of marriage of his nephew Anurag, Soniya and her husband, Rakesh, both came and he told Rakesh that he was not in a position to fulfill the demand of motorcycle and Almirah. After 5-6 days, he came to know that Soniya has been killed.