(1.) Appellants Nos. 1 and 2, namely; Tarkeshwar and Ram Pyari, have been convicted in Sessions Trial No. 222/93 by IInd Additional Sessions Judge, Jabalpur, under Section 304-B of the Indian Penal Code and sentenced to seven years rigorous imprisonment. Co-accused Bharti, who is daughter of the appellants, has been acquitted of the charges under Sections 306 and 304-B of the Indian Penal Code.
(2.) From the first information report, Ex. P-14, and from perusal of the impugned judgment, the prosecution story, as unfolded, is as under :- Appellants were father-in-law and mother-in-law of the deceased Poonam Dubey who was married to their son Arvind Dubey on 17-6-90. Arvind Dubey is employed as a Clerk in the Indian Army and as such he was posted at Siligudi at the time of incident. A child was born to them at Jabalpur on 25-1-92. After the birth of child appellant No. 2, Ram Pyari, started demanding Rs. 10,000/- from her for the purposes of celebrating "Chowk" Ceremony of the child and for which she and co-accused Bharti subjected her with cruelty. Deceased Poonam Dubey complained to her parents about the said demand. She committed suicide by consuming poison on 25-5-92. Information about the incident was given by the appellant No. 1 Tarkeshwar Prasad at Police Station, Civil Lines, Jabalpur, on the basis of which Marg was registered on 26-5-92. The incident was investigated by the City Superintendent of Police, Satpal Singh (P.W. 14) who, after recording the statement of witnesses, recorded the First Information Report, Ex. P-14, and registered an offence under Section 306/34 of the Indian Penal Code against appellant No. 2 Ram Pyari and co-accused Bharti. During investigation, he also seized two letters. Exs. P-4 and P-5, written by the deceased Poonam Dubey from the possession of her father, R. S. Upadhyaya (P.W. 5). The appellants and co-accused Bharti were tried for offence under Section 306 of the Indian Penal Code and, in the alternative, under Section 304-B of the Indian Penal Code. The trial Court acquitted the appellants of the charge punishable under Section 306 of the Indian Penal Code and convicted them under Section 304-B of the Indian Penal Code and sentenced as aforesaid. Co-accused Bharti, was acquitted of all the charges. The conviction was based upon the evidence of Urmila Pandey (P.W. 3), Bindra Devi (P.W. 4), R. S. Upadhyaya (P.W. 5) Chandra Shekhar Upadhyaya (P.W. 6) and A. M. Das (P.W. 7). Bindra Devi (P.W. 4), R. S. Upadhyaya (P.W. 5) and Chandra Shekhar Upadhyaya (P.W. 6) are the mother, father and brother of the deceased Poonam Dubey respectively and Urmila Pandey (P.W. 1) and A. M. Das (P.W. 7) are their neighbours. The appellants pleaded not guilty and their defence was that they were innocent and have been falsely implicated.
(3.) The learned Senior Counsel for the appellants, Shri Surendra Singh, has urged that there was no evidence to show that deceased Poonam Dubey was subjected to cruelty or harassment by the appellants soon before her death for, or, in connection with any demand for dowry to attract the offence under Section 304-B of the Indian Penal Code; the evidence of witnesses relied upon by the trial Court as to demand of dowry was too general and vague their evidence suffered from contradictions on material points and they had motive to speak against the appellants. He has further asserted that even the letters, Exs. P-4 and P-5, written by the deceased Poonam Dubey do not support the case of prosecution and, therefore, in the absence of satisfying the ingredients of offence under Section 304-B of the Indian Penal Code, the conviction and sentence imposed on the appellants cannot be sustained.