MOHAN LAL Vs. STATE OF M P

JUDGEMENT

(1.) Appellants Mohan Lal. Rajendra and Shakuntala Bai stand convicted for offence punishable under Section 304-B, IPC and sentenced to R. I. for ten years each, by the impugned judgment and order dated 29-9-1994, passed by Additional Sessions Judge. Harda, in Sessions Trial No. 208/92.

(2.) The prosecution case, in brief, is that appellant Rajendra is the husband of deceased Sushila Bai. Appellant Mohan Lal and Shakuntala Bai are parents of Rajendra. The marriage of Rajendra and deceased Sushila Bai was solemnized in June, 1991. The death of Sushila Bai occurred on 24-5-92, otherwise than under normal circum stances. It is alleged by the prosecution that after the marriage of Sushila Bai with appellant -Rajendra and before her death she was subjected to cruelty or harassment by the appellants for or in connection with demand for dowry. Whenever the deceased used to go to her parental home, she used to inform her parents and brothers regarding the harassment and demand of dowry The deceased also wrote two letters to her parents wherein she complained about the cruelty and harassment meted out to her by the appellants.

(3.) A few days before her death, Narayan (PW-6), the father of Sushila Bai had gone to see her at her marital home, where she expressed him an apprehension that she may be killed and requested him to take her to parental home. Thereupon, the father of the deceased filed an application under Section 97, Cr. P. C. for issuance of search war rant wherein he stated that the deceased is being subjected to cruelty or harassment by her husband and relatives of her husband for or in connection with demand for dowry. On this application, a search warrant was issued by S.D.M., Bagli, on 20-5-92 for the production of deceased. On 24-5-92. the deceased was admitted in Government Hospital, Harda for treatment of vomitting and diarrhoea. During treatment she breathed her last.