SUMANBAI Vs. STATE OF M. P.

JUDGEMENT

(1.) The present appeal is filed against the judgment of conviction and sentence dtd. 10/12/1999, passed by 2nd Additional Sessions Judge, Barwani, in Sessions Trial No.74/1999, whereby, the appellant has been convicted under Sec. 306 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo 10 years RI with fine of Rs.3,000.00 respectively with default stipulations by acquitting the co-accused Heeralal, Dilip and Vinayak from the charges under Sec. 306/34 of IPC.

(2.) Brief facts of the case are that on 9/12/1998 the deceased Surekha committed suicide by pouring kerosene oil on herself and setting her ablaze on fire due to the mental and physical harassment committed by the appellant alongwith other co-accused Heeralal, Dilip and Vinayak on the pretext of demand of dowry. Thereafter, she was taken to the M.Y. Hospital, Indore for treatment, but on 11/12/1998, she died. On the information, a Merg intimation was registered by the Police. Thereafter, the police during investigation found that the deceased has committed suicide due to demand of dowry. They were harassing her and tortured physically and mentally due to which she committed suicide. Initially, the offence under Sec. 498-A of IPC against the appellant and co-accused was registered and after death of deceased offence was aggravated to Sec. 306 of IPC.

(3.) During the investigation, spot map was prepared. Seized articles were sent to Forensic Laboratory and after recording of statements of witnesses under Sec. 161 of Cr.P.C., the police has filed the charge-sheet against the accused persons under Sec. 306/34 of IPC before the Chief Judicial Magistrate and the matter was committed to the Court of Sessions. Thereafter, accused persons were charged for offence under Sec. Sec. 306/34 of IPC instead of under Sec. 498-A of IPC. They abjured their guilt and took a plea that they had been falsely implicated in the present crime and prayed for trial.