RAJENDRA KUMAR GUPTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 28-1-1997 passed by the learned Sessions Judge, Bhopal in Sessions Trial No. 144/1994 conviction the appellants under Section 304-B of I.P.C. and thereby sentencing them to suffer 10 years R. I. and further convicting this appellants under Section 498-A of I.P.C. but without passing separate jail sentence the appellants have knocked the door of this court by filing this appeal under Section 374(2) of the Code of Criminal Procedure.

(2.) No exhaustive statement of facts are required to be narrated for the purpose of disposal of this apeal since they have been mentioned elaborately in the impugned judgment. For ready reference, it would be germane to mention that the appellants were charged for the offence punishable under Sections 304-B and 498-A IPC and in the alternative they were further charged under Section 306 of IPC. The appellants/accused persons denied the charges. First appellant Rajendra Kumar Gupta is the husband, while second appellant Prakash Chand Gupta is Jeth (husband's elder brother) and third appellant Smt. Uma Gupta is the Jethani (sister-in-law) of the deceased namely Sadhana (hereinafter called as deceased). The marriage of the deceased was solemnized with the first appellant on 5-2-1991 and she died on 30-8-1993 by hanging herself in her nuptial house. As per the case of prosecution, the appellants/accused persons were making demand of Rs. 50,000/- and a Hero Honda motor cycle. However, when the demand was not fulfilled by the parents of the deceased, the deceased was ill-treated in connection with demand of dowry and ultimately she put to an end of her life by hanging in nuptial house on 30-8-1993.

(3.) A merg case was registered and during the enquiry it was found by the investigating agency that the deceased put to end her life by hanging on account of demand of dowry by the appellants, because it was not fulfilled by her parents. Eventually, a case was registered by the concerning police station under Sections 304-B, 498-A and 306 of I.P.C.