D P RAJU Vs. STATE OF M P

JUDGEMENT

(1.) IT is an appeal against the finding of holding the appellant guilty committing an offence punishable under section 306 of I. P. C. and sentencing him to rigorous imprisonment of seven years.

(2.) PROSECUTION case is that Smt. Anusuiyabai daughter of G. Venkatrao (PW/2) and Smt. G. Ammaji (PW/3) residents of Waltair, Andhra Pradesh was married to the present appellant on 28. 1. 78. After he marriage Anusuiya came to reside with the accused/appellant, who was during the said period, working as Khalasi in General Store Railways at Raipur. It was decided while performing marriage of Anusuiyabai with the appellant that G. Venkatrao (PW/2) would give to the appellant one cot with mattress worth Rs. 600/. Apart from the said articles, the appellant was making a demand of Almirah also, from G. Venkatrao. The latter (Shri G. Venkatrao) could not give the said articles in dowry of the marriage of his daughter with the accused/appellant. Accused/appellant continued to make demand for the said articles being given to him, from G. Venkatrao and he also used to pester and pressurise Smt. Anusuiyabai for her gather giving the said articles in dowry to him.

(3.) ACCUSED/appellant had illicit relations with one Chandra Bhaga Bai who was also serving in General Store Railways, Raipur. On account of non-fulfillment of demand of cot, mattress and Almirah as well as, on account of his illicit relations with Chandra Bhaga Bai, the accused used to subject Smt. Anusuiya to cruelty. One daughter was born out of the said wedlock to Anusuiya on 31. 1. 82.