RISHIRAM Vs. STATE OF M P

JUDGEMENT

(1.) The appellant was tried for the offence under Sections 304-B and 306 of the IPC by the Sessions Judge, Batul in Sessions Trial No. 78/89, on the allegation that he had subjected his wife of harassment and torture to bring more dowry, as a result of which she committed suicide by burning herself. The appellant was acquitted of the charge under Sections 304-B and 306 of the I.P .C. but he convicted for the offence punishable under Section 498-A of the IPC and sentenced to undergo R.I. for 2 years and to pay a fine of Rs. 2000/- in default to undergo R.I. for further 3 months.

(2.) Shri S.C. Datt learned Counsel for the appellant has contended that there is no legal evidence to sustain the conviction of the appellant. The appellant has been convicted on mere conjecture and surmises. There is no evidence of PW5. on the record to prove that there was any demand of dowry by the appellant and the deceased was subjected to cruelty and harassment by the appellant for not bringing the dowry.

(3.) The prosecution examined in all 9 witnesses at the trial. Out of them PW 6 is the brother of the deceased, PW 7 is the aunt of the deceased and PW 8 is the mother of the deceased. Out of these 3 witnesses, PW 8 the mother of the deceased has deposed that after the marriage of the deceased with the appellant there was some demand of dowry in the beginning, which she had fulfilled.