JUJHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) On difference of opinion between the then Justice Shri R.D. Vyas and the then Justice Shri Shambhoo Singh, this matter is placed before me as per provision under Section 392 of the Code of Criminal Procedure.

(2.) I have gone through both the conflicting judgments passed by the then Justice Shri R.D. Vyas and the then Justice Shri Shambhoo Singh in the aforesaid Criminal Appeal and I am in full agreement with the judgment passed by Justice Shri R.D. Vyas dismissing the appeal of the appellant, but, in view of the pronouncement contained in the case of State of Andhra Pradesh v. P.T. Appiah; Mattar v. State of U.P. and Sajjan Singh and others v. State of M.P. I am required to give my independent opinion considering the rival contentions of the parties.

(3.) The facts giving rise to this reference are that the father of deceased Kailash Kunwar, namely Nathusingh (PW-5) gave a written report (Ex. P/2) at the Police Station to the effect that the appellant Jujhar Singh was married with Kailash Kunwar eight to ten years, prior to her death in the intervening night of 6th and 7th May, 1992. PW-6 Krishna Bai was the only daughter out of their wedlock. It is alleged that Kailash Kunwar was not being supplied proper and sufficient food and she was driven out from the marital home time and again. The mother of the appellant used to say that she had not given birth to a male child, therefore, the appellant should enter into second marriage. The in-laws were leveling allegations against Kailash Kunwar in regard to her character and were ill-treating her for demand of dowry or bringing less dowry. Kailash Kunwar from time to time used to disclose all these facts to her parents, brother and sister-in-law. At times she was pacified by the complainant Nathusingh (PW-5) saying that sometime wisdom may prevail to the appellant and that it was her own house. Bearing in mind these teachings, she continued to live with her husband. In the year 1990 the appellant with a pre-plan tried to enter into second marriage and getting knowledge of this fact a legal notice (Ex. P/3) was sent to the appellant through Advocate. Thereafter, on intervention by community members, the appellant took Kailash Kunwar with him. Despite ill-treatment and harassment, she was residing with the appellant.