STATE OF MADHYA PRADESH Vs. ASHOK

JUDGEMENT

(1.) The appellant-State of M.P. through this appeal against acquittal, challenges judgment dated 29.2.1988 delivered by II Additional Sessions Judge Dewas in Sessions Trial No. 12 of 1985 (State v. Ashok & others) acquitting the respondents-accused of charges under sections 306, 498-A IPC and Sec. 4 of the Dowry Prohibition Act. 1961.

(2.) Accused Ashok is the son accused No. 2 Anokhilal and accused No. 3 Sharda is mother of accused Ashok. Accused Nos. 4, 5 & 6 namely Giru alias Girjesh, Kiran and Madhu alias Munni are sisters of accused Ashok and daughters of accused No. 2 Anokhilal and No.3 Mrs. Sharda. Prosecution case is that deceased Kamini alias Shobha daughter of Surendrakumar (P.W. 1) was married to accused Ashok, on 20.1.1984. In the marriage two gold rings, one small almirahs and some utensil were given. According to the prosecution, accused Ashok and his parents and sisters used to harass Kamini saying that gold rings were less in weight and almirah was small. It is also alleged that they used to make grievance about other goods having been not given in dowry. It is also alleged that accused Ashok and other accused persons has ill-treated Kamini and earlier Ashok had caused injury to Kamini on her head. Kamini complained to her father Surendrakumar and other relatives when she went to her parents place about illtreatment by the accused persons. It is also alleged that the accused had illicit relations with another woman.

(3.) Due to this illtreatment Kaminibai on 17.9.1984 at her husbands place, took poison. Accused Ashok took her to hospital at Dewas and later she was brought to M.Y. Hospital Indore where she died on 18.9.1984. Arun Khemaria (P.W.9) the Town Inspector on 21.9.1984 registered mark 148/84, inquest was held on the dead body of Kamini and then it was sent for post mortem examination. Her viscera was taken out and forwarded to the Chemical Examiner Sagar, Arun Khemaria (P.W. 9) on coming to know of the illtreatment imputed to deceased Kamini as also demand of dowry and the lapse of time since her marriage drew F.I.R. Ex. P/10, investigated the offence and put up challan against the accused persons for offences as stated above. It appears that in the first round the accused persons were by order dated 31.7.1985 discharged of the offences in respect of which they were prosecuted by the first AddI. Sessions Judge Dewas. This order of discharge was set aside by this Court by order dated 2.7.1986 in Criminal Revision No. 311 of 1985. Thereafter by order dated 9.7.1986 the first AddI. Sessions Judge Dewas framed charges; under Section 4 of the Dowry Prohibition Act 1961, of cruelty u/s 498-A and u/s 306 IPC for having abetted in commission of suicide by Kaminibai. Accused pleaded not guilty to the charges. In his examination accused Ashok while admitting marriage with Kamini on 20.1.1984 and relationship of the parties with one another, denied all the material allegations. He stated that he never indulged in any marpit with Kamini nor demanded any dowry. He also stated that none of the members of his family ever demanded any dowry from Kaminibai or from her relatives and ill- treated her in any way. He had been falsely implicated by his father Surendra Kumar because his daughter had died due to spirit of vengeance. Other accused persons more or less took up the same plea. They examined Naib Tahsildar Pannalal Pathak (D.W. 1) to prove the dying declaration Exh. D-12 wherein the deceased had not implicated any of the accused. At the conclusion of the trial, the Additional Sessions Judge by the impugned judgment found death of Kamini accidental and not suicidal. He found other charges also not established. He, therefore, acquitted the accused persons. Aggrieved by the judgment the State has come up in appeal.