MAHENDRA SAHU Vs. STATE OF M P

JUDGEMENT

(1.) Three accused persons namely Mahendra Sahu s/o Kruparam Sahu, Niranjan Sahu s/o Kruparam Sahu and Devi Bai w/o Kruparam Sahu were tried before the 2nd Additional Sessions Judge, Ujjain in Sessions Trial No. 93/97 and by judgment and order dated 27-7-2000 passed by him in the aforesaid sessions trial, accused Mahendra has been convicted under Section 304-B of Indian Penal Code and Niranjan Sahu and Dev Bai were acquitted of the charge under Section 304-B of Indian Penal Code, but they were convicted under Section 498-A of Indian Penal Code.

(2.) Feeling aggrieved by the conviction and sentence awarded, accused Mahendra has filed Criminal Appeal No. 897/2000 and other convicted accused persons Niranjan Sahu and Dev Bai have jointly filed Criminal Appeal No. 860/2000. Since all the above- mentioned appeals arise out of one and the same judgment and order of conviction, therefore, they are being disposed of by this common judgment.

(3.) Briefly stated, the prosecution's case is that deceased was married to Niranjan Sahu alias Raju. Their marriage was solemnized on 27-4-1995. At the time of marriage, bed, fan and other household articles, silver and gold ornaments, jewellery and clothes were given in dowry, but bridegroom Niranjan alias Raju asked to give a scooter, which his in-laws promised to give after some time in future whenever they could arrange money for that purpose. After the marriage, deceased informed through a letter that appellants have assaulted her in connection with the demand of scooter. Thereafter, the parents of the deceased arranged money for purchase of scooter. Thereafter, appellants also made demand for colour T.V. and refrigerator and they used to harass deceased in connection with the demand of dowry. Being fed up with cruelty of appellants and due to their harassment, deceased committed suicide by pouring kerosene oil on her and setting herself to fire. On the death of deceased, police registered murg No. 4/97 under Section 174 of Criminal Procedure Code and after enquiry, a Crime No. 32/97 under Section 304-B of Indian Penal Code was registered against the appellants. After due investigation, charge- sheet was filed against the appellants.