HIRDESH KUMAR PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants stands convicted under Sections 304-B and 498-A of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 10 years and 3 years respectively. The appellants have also been convicted under Section 4 of the Dowry Prohibition Act, 1961 and sentenced to undergo rigorous imprisonment for one year and fine of Rs. 500/each by judgment dated 7-8-2002 passed by First Additional Sessions Judge, Jabalpur, in Sessions Trial No. 119/2001. The sentence have been ordered to run concurrently.

(2.) BRIEF facts relevant for deciding this appeal arc that deceased Sangeeta was married to appellant No. 1 Hirdesh Kumar about two and half years before her death. Appellant No. 2 Awadesh Kumar is brother of the appellant No. 1. Appellant Nos. 3 and 4 are their parents. After one year of the marriage the appellants started harassing deceased Sangeeta on the ground that her father did not give the balance amount of Rs. 20,000/- as promised at the time of marriage towards dowry. The appellants also demanded iron box and Godrej Almirah from her parents and for non-fulfilment of their demands they treated her with cruelty. Eight days prior to the date of incident Kiranbai (P. W. 2) mother and Arjun Prasad (P. W. 11) father of the deceased visited Piparia to meet her. At that time also deceased complained them about the demand of dowry and her ill-treatment by the appellants. Kiranbai (P. W. 2) and Arjun Prasad (P. W. 11) assured the appellant Nos. 2, 3 and 4 that they will fulfil their demand at the time of 'chowk' ceremony after the delivery of child of Sangeeta. On 'pitra Amavasya' day, Kiran Bai (P. W. 2) and Arjun Prasad (P. W. 11) were informed by Bhola Nai and one other person that Sangeeta had ablazed herself. According to the prosecution Sangeeta committed suicide by pouring kerosene oil on her body and thereafter ablazed herself. Inquest report (Ex. P-2) of the body of Sangeeta was prepared. Saket Pandey (P. W. 14), City Superintendent of Police prepared spot map (Ex. P-5) and sent the body of Sangeeta for post-mortem. Dr. Ashok Jain (P. W. 7) conducted the post-mortem on 28-9-2000. His post-mortem report is Ex. P-3, according to which Sangeeta died because of cardiac respiratory failure due to ante-mortem burn injuries. She also had a female foetus.

(3.) DURING the trial the appellants abjured their guilt and pleaded false implication. Their defence was that deceased Sangeeta was having illicit relations with a boy and he had visited her in the house on the date of incident and on being objected by the appellant No. 2 there was a quarrel between deceased and, appellant No. 2. She is said to have committed suicide after the said quarrel.