MOTILAL KUSHWAHA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 15.7.2010 passed by the Additional Sessions Judge, Mauganj, District Rewa in S.T.No. 288/2009, whereby the appellants have been convicted of offence under Section 304-B, 498-A of IPC and Section 4 of Dowry Prohibition Act and each of them sentenced to 10 years rigorous imprisonment with fine of Rs.2,000/-, 2 years rigorous imprisonment with fine of Rs. 1,000/- and 6 months rigorous imprisonment with fine of Rs. 500/- respectively. Default sentence was also prescribed.

(2.) The facts of the case, in short, are that, on 18.5.2009, at about 5.20 p.m., an intimation was given to the Police Station Mauganj, District Rewa that Suryakali, wife of the appellant Santosh Kushwaha was found burnt in her room, within the house of the appellants, situated at village Mudariya, Police Station Mauganj, District Rewa. She was taken to Mauganj Government Hospital by a tractor trolley but, doctor declared her to be dead. Dead body of the deceased was sent for post-mortem. Dr.Arvind Mishra (P.W.1) examined her body on 19.5.2009 and gave his report, Ex.P/1. He found that the deceased was burnt by 100%. On investigation, it was found that she died within 3-4 years of her marriage and she was being tortured for demand of dowry etc. and therefore, she had committed suicide. After due investigation, a charge-sheet was filed before the JMFC, Mauganj, who committed the case to the Sessions Court, Rewa and ultimately, it was transferred to the Additional Sessions Judge, Mauganj.

(3.) The appellants abjured their guilt. They took a plea that marriage of the deceased took place with the appellant Santosh 7 years prior to the incident. They had been falsely implicated by the parents and relatives of the deceased. The deceased was kept with comfort and no dowry was demanded from her. In defence, Dadan Prasad Kushwaha (D.W.1) and Triyugi Narayan (D.W.2) were examined as defence witnesses.