LAWS(MPH)-2004-5-10

VISHWANATH Vs. STATE OF M P

Decided On May 12, 2004
VISHWANATH Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Appellants Vishwanath and Bodibai @ Boddi Bai stand convicted for the offence punishable under Sections 304-B and 498-A, IPC and sentenced to R.I. for 7 years each under Section 304-B, IPC and R.I. for one year with fine of Rs. 5,000.00 each under Section 498-A, IPC by the impugned judgment and order dated October 3, 2002, passed by Additional Sessions Judge Fast Track Court, Amarpatan, District Satna in Sessions Trial No. 226/2000.

(2.) The prosecution case in brief is that the marriage of appellant Vishwanath was solemnized with deceased Sunita on 14-5- 1995. Appellant Bodibai is the mother of appellant Vishwanath. Death of Sunita occurred on 10-7-2000. It is alleged by the prosecution that after the marriage of Sunita with Vishwanath and before her death, she was subjected to cruelty or harassment by the appellants for or in connection with demand for dowry. Whenever deceased Sunita used to visit her parental home, she used to inform her parents and other relatives regarding the harassment meted out to her by the appellants in regard to demand for dowry.

(3.) A few days before the incident, when Sunita last visited her parent's home, she informed her relatives regarding the dowry demand. On 10-7-2000, Hiralal, brother of appellant Vishwanath informed the police about the same. Marg was registered at police station, Maihar. During the enquiry of the marg, it was found to be a case of dowry death. Accordingly, FIR was drawn as per Ex. P-8.