SATYANARAIN Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal under Section 374 (2), Cr. PC has been preferred by the accused persons against the judgment and order of conviction recorded by Sessions Judge, Rewa in Sessions Trial No. 42/90, decided on 12-12-1990.

(2.) THE appellants and acquitted co-accused Chhotelal were charged and prosecuted for commission of offences under Sections 306, 304-B and 498-A, IPC, on the ground that soon before the death of deceased Urmila on 19-9-89, she was subjected to cruelty or harassment or demand for dowry and abeted the death of the deceased. Learned Trial Court after appreciating the evidence available on record, has found the charges proved against the appellants and has accordingly, awarded seven years rigorous imprisonment under Section 304-B and five years rigorous imprisonment under Section 306, IPC. Both sentences were to run concurrently.

(3.) THE case of the prosecution is as under :-Acquitted co-accused Chhotelal is the father of appellants No. 1 and 3. Appellant No. 2 is wife of Chhotelal. Marriage of Urmila (deceased) was solemnised with Satyanarain (appellant No. 1) nine years prior to the date of incident. According to prosecution, three years after the marriage when Urmila was aged about 17-18 years "gauna" ceremony (sending of bride to the marital home for the first time after marriage) was performed. That the appellants and co-accused started treating the deceased with cruelty for satisfying the demand of dowry as no dowry was given at the time of marriage. According to prosecution a demand of Rs. 15,000/- was made by the accused party. It was also alleged that the accused party use to ease and harass her for dowry. Ultimately she committed suicide by consuming poison. Father of the deceased lodged report seven days after the date of incident, that is, on 24th August, 1989. Police, Civil Lines, Rewa, registered Merg (Exhibit P-2) on 19-9-89 and found that death of the deceased was unnatural. On the report (Exhibit P-l) of the father of the deceased, FIR (Exhibit P-8) was registered. Post-mortem was performed by Dr. . A. K. Mishra (P. W. 9) and the report is Exhibit P-10. According to report (P-10) death was due to consuming poison. Prosecution examined nine witnesses to prove the case against the accused.