SHASHI BHUSHAN Vs. STATE OF M P

JUDGEMENT

(1.) THE present appeal has been preferred by the convicted appellants against their judgment of conviction dated 22nd July, 2004 passed by 13th Additional Sessions Judge (Fast Track Court), Jabalpur in Sessions Trial No. 671/2003 whereby all the appellants have been convicted under Section 304-B of the Indian Penal Code and have been sentenced to 7 years' R. I. and a fine of Rs. 500/- each; in default of payment of fine a further sentence of four months' each has been imposed. They have also been convicted for an offence punishable under Section 498-A of the Indian Penal Code and sentenced to three years' RI and a fine of Rs. 200/- each and in default of payment of fine, two months' RI.

(2.) THE prosecution story, in brief, is that deceased Madhuri alias Sangita was married to appellant No. 1 on 10-6-2003. Appellant No. 2 Bharat Bhushan and appellant No. 3 Chandrabhushan are the elder brothers of appellant No. 1. Appellant No. 4 is the wife of appellant No. 2.

(3.) ACCORDING to the prosecution story, the marriage was performed on 10-6-2003 and the deceased has committed suicide on 17-8-2003, i. e. , after the period of two months and seven days. The prosecution story further states that marriage was settled on payment of dowry but still on the day of marriage the accused persons demanded further dowry, i. e. , a sum of Rs. 50,000/-, Colour TV and motorcycle. The other relatives intervened, thereafter marriage ceremony could be performed. Subsequently, at the time of 'vidai', again all the appellants refused to carry the girl in their house as no dowry was paid and were trying to go alone without the girl. Subsequently, again the relatives intervened and thereafter deceased Madhuri was taken by the appellants to their house. The prosecution story further shows that the marriage could be completed under stress and strain. The marriage was performed from the house of appellant No. 3. Appellant Nos. 3 and 4 were living separately.