HEERALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IT is an appeal against the finding of holding the accused-appellants guilty for committing an offence punishable under Section 304-B of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for 10 years each. They have further been held guilty for committing an offence punishable under Section 201, I. P. C. and have been sentenced to undergo R. I. for one year each and to pay a fine of Rs. 1000/- or in default, to further undergo R. I. for 3 months.

(2.) IT is not in dispute that Pushpa (since deceased) was married to Kanchhedi (appellant No. 2) and she died on 1. 7. 1987 in the house of the accused-appellants. Bharat Singh, Kotwar of village Bisenkhedi, gave the information regarding to death of Pushpa at the Police Station Parwalia.

(3.) THE prosecution case was that the accused-appellants were subjecting Pushpa to cruelty on account of insufficiency of dowry given in the marriage of Pushpa. They used to beat her and to administer her the smoke of chillies. Ultimately, they committed murder of Pushpa and in spite of instructions given by Bharat Singh (P. W. 2) not to cremate the dead body of Pushpa, they cremated her body. When Bharat Singh came to village along with police officials, they found that the accused had already cremated the dead body of Pushpa.