LACHI BAI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant was prosecuted for offences under Sections 306 and 498-A I.P.C. before the Additional Sessions Judge, Umaria in Sessions Trial No. 29 of 1986 on the allegation that her daughter-in-law Asha committed suicide by jumping into a well on account of physical and mental torture meted out to her by the appellant for not bringing sufficient dowry. The appellant was acquitted of the charge u/Sec. 306 I.P.C., but was convicted for the offence u/Sec. 498-A I.P.C. and sentenced to undergo S.I. for four months.

(2.) The deceased Asha was married to the son of the appellant in the year 1978, but she was not treated affectionately by the appellant and was subjected to mental and physical torture for not bringing sufficient dowry in the marriage. The appellants son was employed in the military service on the fateful day the deceased committed suicide by jumping into a well out of disgust because of ill-treatment,

(3.) Shri S.K. Rai, learned Counsel for the appellant, has contended that the elder sister of the deceased was also married in the same family and therefore it cannot be expected that the deceased would have been ill-treated. Therefore the prosecution case that the deceased was subjected to mental and physical torture cannot be relied upon. Elder sister of the deceased, namely, Usha Devi was examined by the prosecution as P.W. 2 but she was declared hostile by the prosecution. It however appears from the evidence of Usha Devi (P.W.2), Veeran (P.W. 5) father of the deceased, Mahesh Prasad (P.W. 7) brother of the deceased, and Munni Bai (P.W. 8), mother of the deceased that the deceased was subjected to physical and mental torture by the appellant. The prosecution case and the testimony of the above witnesses are corroborated by the evidence of Rajinder Kumari (P.W. 6) a neighbour and friend of the deceased. Rajinder Kumari has deposed that the deceased was her class-mate and her house is situated by the side of the house of the deceased and whenever the deceased came to her house she used to tell her about the state of sad affairs and physical and mental torture subjected to her by the appellant.