ANSUIYA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal being aggrieved with the judgment dated 25.3.1998 passed by the Sessions Judge, Rewa in S.T. No. 76/1995, whereby each of the appellant has been convicted of offence under Sections 304-B & 498-A of the IPC and sentenced to seven years R.I. and three years R.I. with fine of Rs. 1,000/- respectively. In default of payment of fine, one month's further R.I. to the appellants.

(2.) The prosecution's case in short is that the deceased Sunita was married with the appellant Ansuiya Prasad. After two years of her marriage, on 17.1.1995 at about 11:00 a.m. Surendra Singh (PW-1) heard cries from the house of the appellants, when he went to the house of the appellants at village Geruwari (Police Station Naigarhi, District Rewa), he found that an incident of arson took place in the house of the appellants and the deceased Sunita had sustained the burn injuries and consequently, she died. Surendra Singh went to the Police Station, Naigarhi and lodged a merg intimation report Ex.P./1. SHO Bhupendra Singh Yadav (PW-8) went to the spot. The dead body of the deceased Sunita was sent for the postmortem. On 17.1.1995, Dr. Harishchandra Mishra (PW-6) performed the postmortem on the body of the deceased and gave a report Ex.P/5. He found that the deceased died due to burn injuries and consequential shock. During merg enquiry, on 22.1.1995 Mohan Lal Sharma uncle of the deceased had submitted a typed complaint Ex.P/11 to SHO, Naigarhi and thereafter, a case was registered against the appellants. The parents of the deceased had alleged that the deceased Sunita was being tortured for demand of dowry. After due investigation, the charge sheet was filed before the JMFC Mauganj, who committed the case to the Court of Sessions.

(3.) The appellants abjured their guilt. They denied the allegations made against them, whereas they took a plea that on the date of incident, none of them were present in the house. Since the deceased aborted six months prior to the incident and she was in agony due to that incident therefore, possibly she had committed suicide due to shock of that abortion. However, no defence evidence was adduced.