AMOL SINGH Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANTS have been convicted in Sessions Trial No. 13/94 by the Court of Shri Shivmangalsingh, First Additional Sessions Judge, Ashoknagar, District Guna for the offence under section 304-B IPC and sentenced to seven years rigorous imprisonment and for the offence under section 498A IPC they are sentenced to one year's rigorous imprisonment and a fine of Rs. 1,000/- each.

(2.) COUNSEL for the appellants submitted that the ingredients of section 304B and 498A IPC have not been proved by the prosecution, in the absence of proof of ingredients of sections 304B and 498A IPC conviction of the appellants is liable to be set aside. Counsel for the appellants submitted that for the offence under section 304B IPC it is mandatory for the prosecution to prove that :

(3.) COUNSEL for the appellants has taken this Court through the evidence of PW 1 Binnibai, who is the mother of the deceased. She has deposed that the incident took place on 3.3.1990 wherein it was reported that Krishnabai burnt herself and committed suicide. FIR is Ex. P-8 wherein it is mentioned that the complaint was lodged by Malua S/o Amolsingh that when he has gone to the house of Ganesh Ram for manual labour, he was informed that his house is burning and the door of the house was closed from inside. He climbed the wall, entered the house and saw that his wife Krishnabai is lying on the ground. He tried to extinguish the fire and found that his wife was dead. PW 1 has deposed that the deceased died two years after her marriage. She has deposed that the deceased used to state that her husband and mother-in-law are beating her and were demanding a bicycle in dowry. The girl was taken from her house a day earlier and the girl died immediately after she reached her husband's home. In the cross-examination, she admitted that her entire family earns livelihood by daily wage earning as labour. She admitted that at the time of marriage, no dowry was settled and there was no demand of dowry during marriage. Three ornaments were given to the deceased in the marriage and she admitted that the jewellery of the deceased had been mortgaged by her which continues to be mortgaged.