SUNDARLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 18.1.1996 passed by the 3rd Additional Sessions Judge, Rewa in S.T. No.155/90, whereby the appellant has been convicted of the offence under Section 304-B of the IPC and sentenced to ten years' R.I.

(2.) The prosecution s case, in short is that marriage of the appellant Sundarlal took place with one Duvasiya (the deceased) in the year 1985. After two years of her marriage, she was sent to the house of the appellant and on 7.6.1990, she had expired due to burn injuries. After the death of the deceased Duvasiya, her parents and relatives have alleged that there was a continuous demand of a bicycle, radio and watch from the side of the appellant and he was in habit to deal the deceased Duvasiya with cruelty for fulfillment of his demand of dowry and therefore, she committed suicide. After due investigation, the charge sheet was filed before the JMFC Teonthar, who committed the case to the Court of Sessions and ultimately, it was transferred to the 3rd Additional Sessions Judge, Rewa.

(3.) The appellant abjured his guilt. He took a plea that he kept the deceased with comfort. Since marriage of sister of the deceased was arranged on a particular day on which marriage of sister of the appellant was also arranged therefore, the deceased was not permitted to go and attend the marriage of her sister hence, she committed suicide. In defence Sumeshwar Prasad (DW-1) and Ramkumari (DW-2) were examined.