NIRANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this appeal under section 374(2) of the Code of Criminal Procedure, the appellant challenges his conviction under section 498 -A of the Indian Penal Code and sentence of rigorous imprisonment for three years and fine of Rs. 2000/ -, awarded by the 4th Additional District Judge, Chhatarpur in Sessional Trial No. 11/1993.

(2.) IT is the case of the prosecution that appellant herein was married to Munni Bai, on 1.6.1991. After his marriage, the appellant started demanding dowry of Rs. 10,000/ - and 5 tolas of gold . When this was not given, he used to beat Munni Bai, harass her by demand of dowry and ultimately on 1.10.1992, when she was pregnant and carrying a child of eight months, in her womb, she was admitted to the Government Hospital on 1.10.1992. Her brother came to know about her admission in the Government Hospital at Village Laundi, District Chhatarpur. He discharged her, took her and got her admitted to the District Hospital at Chhatarpur and thereafter at Mission Hospital, Chhatarpur. It is stated that while undergoing treatment in the Hospital, on 4.10.1992 she died. Because of the aforesaid, the appellant and his brother one Dayaram were prosecuted for offence under sections 304 -B read with 34 of the IPC, but the trial court finding that death of Munni Bai was because of the death of child which was in her womb; it has got nothing to do with the injuries caused by the appellant, they were not convicted for the offence under section 304 -B. Dayaram was acquitted of the offence, but finding the appellant to have harassed Munni Bai and caused injuries on her person, appellant has been convicted for an offence under section 498 -A IPC and sentenced to three years rigorous imprisonment and fine of Rs. 2000/ -.

(3.) IN the memorandum of appeal, it is stated that the conviction is based on the testimony of PW/1 Babulal and PW/5 Rampyari Bai parents of deceased Munni Bai. There is no independent witness about harassment. That apart, by placing reliance on the statement of PW/14 Dr. Sara Cherian and PW/8 Dr. D.D. Chourasia, it is tried to be emphasized that death of Munni Bai has got nothing to do with the injuries caused by the appellant and, therefore, the conviction is unsustainable.