RAGHUVEER SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against judgment dated 09.10.2007 passed in S.T. No.57/05 by learned Additional Sessions Judge Ganjbasoda, district Vidisha, M.P. convicting the appellants for the offence punishable under Sections 306 of IPC and sentenced them to undergo R.I. for six years and fine of Rs.1000/- has been imposed upon them with default stipulation.

(2.) THE brief facts of the case are that Bhuribai, wife of appellant Rambabu committed suicide on 25.05.2004. Bhuribai was married to appellant Rambabu about eight years before her death. During these period, it is alleged that there were some material dispute including demand of dowry between them which were settled by compromise and, thereafter, Bhuribai was living with her husband. On 25.05.2004, Bhuribai committed suicide by consuming poisonous substance and it was alleged that she was given aluminum phosphate. THErefore, after filing of challan trial Court has tried the appellants for the charges of offence punishable under Section 302 and in alternative Section 306 and Section 498-A of IPC and after trial, learned trial Court has acquitted them for the charges of offence punishable under Sections 302 and 498-A of IPC and Section 3/4 of Dowry Prohibition Act but convicted them for the offence punishable under Section 306 of IPC and sentenced them as mentioned in paragraph 1 of the judgment.

(3.) LEARNED counsel for the appellants has submitted that this is an admitted fact that Bhuribai was married to appellant Rambabu and due to some disputes there were some litigation between them including litigation under Section 125 of Cr.P.C. and criminal case under Section 498-A of IPC which were compromised and, thereafter, deceased was living with her husband happily. Brothers of deceased Ram Singh (PW-2) Karan Singh (PW-3), her mother Sarjubai (PW-4) and other brother of deceased Jagar Singh (PW-5), Tikaram (PW-6), Lumabai (PW-7), Bablu @ Babulal (PW-9) and Padam Singh (PW-10), Akhe Singh (PW-11) have turned hostile and learned trial Court has also observed in paragraph 35 of the judgment that there is no evidence regarding demand of dowry or harassment of Bhuribai due to demand of dowry against the appellants that is why appellants have been acquitted from the charges for the offence punishable under Sections 302 and 498-A of IPC.