SHANTILAL Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant has filed the appeal under Section 374 of the Cr. P. C. against the judgment and order dated 1. 5. 2000 in S. T. No. 74/97 by Additional Sessions Judge, Jaora, District Ratlam of his conviction and sentence under Section 304-B of the I. P. C. for the rigorous imprisonment of 7 years and fine of Rs. 2,000/- and in default of payment of fine further rigorous imprisonment of 6 months and under Section 498-A for the rigorous imprisonment for one year and fine of Rs. 500/- in default of payment of fine further imprisonment of 2 months.

(2.) THE admitted facts of the case are that the appellant accused Shantilal was the husband of Manjubai and their marriage was solemnized according to the Hindu rites and customs in the year 1992. This fact is undisputed that Manjubai has died within 7 years of her marriage on 7. 10. 1996.

(3.) THE case of the prosecution is that the accused was in habit of ill-treating and physically assaulting his wife in order to press her to bring the dowry. That on 5. 10. 1996 the mother-in-law of Manjubai brought her from the matrimonial house to the house of her parents and she was left in the house of her parents. That Manjubai was having the injuries on the various parts of the body and her physical condition was not good, that Manjubai told her mother that she was beaten by the accused to fulfil the greed of the dowry. On 7. 10. 1996 Manjubai has died in the Hospital. That the report Ex. P/13 was lodged in Police Station Jaora and from the post-mortem of Manjubai it was found that she was having various injuries on her body. The case under Sections 498-A and 304-B of the I. P. C. was registered against the appellant accused and also against Mangubai and Basantibai and the charge-sheet was filed against them.