ASHOK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by the appellants against the order of conviction and sentence passed against them under Section 498-A of the IPC on 17th March, 1992 by the First Additional Sessions Judge, Morena. Both of them have been sentenced to a term of six months' rigorous imprisonment and a fine of Rs. 200/- in default another term of one month imprisonment has been awarded. Briefly narrated the facts are that on 23. 7. 1987 a report was lodged by one Raghuvir Singh at Police Station Porsa, District Morena, that he had come to know that the wife of Ashok who was alright, died out of burn injury in the night and the family members were going to cremate her. It was not known as to how she was burnt. On the basis of this report, Marg Crime No. 15/87 was registered and usual investigation took place. After investigation a charge sheet was submitted under Sections 304b, 306,498-A and 201 of the IPC. The prosecution examined PW 1 Khushilal, father of the deceased Smt. Munni, PW 2 Raj kishore, her brother, PW 3 Anguribai, her mother as witnesses of fact. Besides them it also examined PW 4 Shobharam Singh Yadav, who was Station Incharge of Police Station Porsa on 28. 6. 1988, PW 5 Dr. D. S. Thakur, PW 6 Kaptan Singh Mourya, Investigation Officer and relied upon certain documents (Ex. P 1 to Ex. P 3 ). The accused also entered upon his defence and examined one Himmat singh. Learned Trial Court after hearing the parties and after considering the material on record convicted and sentenced the appellants as aforesaid. Hence, this appeal.

(2.) LEARNED Counsel for the appellants contended that in this case there has been an inordinate delay in recording the statement of witnesses under Section 161 of the Code of Criminal Procedure. The case was also registered late. Reference has also been made to the statement of the witnesses to show that the statements are unreliable. The Counsel also urged that the accused/appellant Ashok Kumar has served out his sentence and the appellant Smt. Dakhshree, who is an old lady and was about fifty years when the appeal was filed, had been in jail for about 15 days. He urged that in any case if the Court comes to the conclusion that any offence is made out as found by the learned Trial Court, she be sentenced to the period already undergone, taking into consideration her age and long period during which she has faced the trial. Learned Counsel for the State urged that there is sufficient material on record to show that the lady was being tortured and was being subjected to cruelty within the meaning of Section 498-A of the IPC.

(3.) THE fact that the deceased Munni @ Guddi was wedded to the accused/ appellant Ashok Kumar within a period of seven years from the date of occurrence has not been disputed. Both the accused persons have admitted in their statements that Munni was married to Ashok Kumar three years prior to the occurrence. The only thing which has to be considered is as-to whether she was being subjected to cruelty within the meaning of Section 498-A of the IPC. The word 'cruelty' has been defined in the explanation appended to Section 498-A as follows :