KAMAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 25/01/2000 passed in Sessions Trial No.50/1999 (State of M.P. v. Kapoori Bai & ors.) by II Additional Sessions Judge, Vidisha, convicting the appellants under Section 498-A of IPC and thereby imposed sentence of two years rigorous imprisonment with fine of Rs.500.00 each to appellants No.1 & 3, however, the appellant No.2, Suresh Kumar has been extended the benefit of Section 4 of the Probation of Offenders Act, the appellants have preferred this appeal under Section 374 of Cr.P.C., 1973.

(2.) THE prosecution case, in brief, is that the marriage of Roopwati (since deceased) has been solemnized with the appellant No.1, Kamal Singh in the month of May 1995. At the time of marrige, Roopwati was a student, therefore, she could not be sent to her in-laws house, after passing the Class 10th examination, she has been sent to her in-laws house where she for the first time remained for a period of 21 days. During the said period, she has been treated with cruelty due to demand of dowry by her husband, saas, devar and nanand. Thereafter, she went to her parental house and stayed for a period of 15 months. Then, her husband and other persons brought her to her in-laws house. On 14.10.1998, she herself set to fire. She was taken to hospital by her husband, Kamal Singh and after some time, she had died there. On receiving the information from Dr. Shrivastava, the police registered the case and investigated it and after due investigation, charge-sheet was filed against the appellants and one, Kapoori Bai before the Committal Court, which on its turn committed the case to the Sessions Court from where it was received by the Trial Court for trial.

(3.) TO bring home the charge, the prosecution has examined as many as seven witnesses and placed Exhibits P-1 to P-14, the documents on record. None has been examined by the accused in their defence.