RAJENDRA KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT Rajendra Kumar has been convicted under Sections 304-B, 306 and 498-A, IPC and has been sentenced to imprisonment for life, rigorous imprisonment for five years and two years respectively. He has also been sentenced to pay fine of Rs. 500/- under Section 306, IPC and also to pay fine of Rs. 500/- under Section 498-A, IPC. Rampyare and Rambai who are parents of Rajendra Kumar were also prosecuted for these offences but they have been acquitted and the State has filed the appeal with the leave of this Court challenging their acquittal. It must be stated at the outset that the incident relating to the present case took place on 25-6-1986 and Section 304-B, IPC has been brought in the statute book by Amendment Act No. 43 of 1986 with effect from 19-10-1986 and therefore, there could be no charge under Section 304-B, IPC in this case.

(2.) IT is not in dispute that deceased Shakun alias Munnibai was married to Rajendra Kumar in the year 1981 and the Gauna was performed in the year 1984. Accused Rampyare and Rambai are parents of Rajendra kumar. Shivnarain (P. W. 1) and Vimla (P. W. 4) are parents of the deceased. Devendra (P. W. 5) is her brother. Shakun alias Munnibai committed suicide on 25-6-1986 by hanging herself. The cause of death was asphyxia. Thus, her death took place within seven years of marriage.

(3.) THE prosecution case is that the accused persons were treating munnibai with cruelty because of the non-fulfilment of their demand for dowry. It is said that accused Rajendra Kumar was demanding a motorcycle and the other two accused persons were demanding an amount of Rs. 2500/-as dowry. The deceased was being subjected to physical torture. The dowry was being demanded repeatedly and that amounted to mental cruelty. For these reasons Shakun alias Munni committed suicide in her matrimonial home by hanging herself.