ARUN Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 15.1.997 passed by the Fifth Additional Sessions Judge, Jabalpur in ST. No.1089/294 whereby, he has been convicted of offence punishable under Section 304-B of I.P.C and sentenced to ten years rigorous imprisonment.

(2.) The prosecution's case in short is that on 11.8.1994 Tarabai, wife of the appellant, who, was residing with the appellant in his house situated at Gulaua Chowk, Jabalpur sustained burn injuries and she was admitted in Medical College, Jabalpur where she expired the same day. An intimation of her death was given to the Police Station, Madan Mahal. After registering, merg inimation Ex.P/8, the dead body of Tarabai was sent for post mortem and it was found that she sustained more than 90% burn injuries on her body and therefore, she died out of shock caused by burning. Thereafter, Police has recovered a plastic can containing some kerosene oil, two semi burnt match sticks etc. from the spot. The parents and relatives of the deceased Tarabai had stated that the appellant and his mother were habitually cruel with the deceased with respect to demand of dowry. Also she was blamed by the appellant and his mother because she was not blessed with any child. It was also alleged that the appellant and his mother had asked Tarabai to keep her utensils separately. On due investigation the charge sheet was filed before the JMFC, Jabalpur who, committed the case to the Court of Sessions and ultimately, it was transferred to the Fifth Additional Sessions Judge, Jabalpur.

(3.) The appellants abjured their guilt. They took a plea that at the time of funeral of Tarabai, her parents and relatives had demanded for returning of the gifts given to the deceased including her golden ornaments and when those gifts were not immediately handed over to them, a false case has been lodged against the accused persons. Tarabai was never tortured for any reason including demand of dowry. She was suffering from abdominal pain especially during the period of menses. In defence Tarakeshwar Sharma (DW1), Ramvraksha Gupta (DW2), Rajaram Kushwaha (DW3) and Dr. Shantilal Gugaliya (DW4) were examined.