RAJKUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have filed this appeal against the order of conviction passed by the Additional Sessions Judge, Betul in Sessions Trial No. 21/ 2004 dated 22. 7. 2004 convicting the appellants under Section 306 of the Indian Penal Code and sentencing them to 10 years' R. I. and a fine of Rs. 2000 in default 2 months' additional imprisonment and further convicting them under Section 498a of the Indian Penal Code and sentencing them to 3 years' R. I. and a fine of Rs. 500 each; in default 1 month's additional imprisonment; both sentences to run concurrently.

(2.) ALL the accused persons were tried for offences punishable under Sections 498a and 304b of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. The learned Trial Court in para 27 of its judgment has recorded a definite finding that the appellants have not demanded any dowry and the death, as such, has not resulted because of any demand of dowry. Thus, the learned Sessions Judge has convicted the appellants for offence punishable under Section 498a and also under Section 306 of the Indian Penal Code.

(3.) ACCORDING to the prosecution story, the appellant No. 1 Rajkumar married to deceased Smt Mamta Bai on 9. 5. 2002. Subsequently, the appellants started demanding dowry from the parents of the deceased Mamta Bai and accordingly a demand for motor-cycle and Rs. 10,000 was submitted. For non-payment of the aforesaid, the accused persons started torturing the deceased and because of torturingthe deceased committed suicide on 17. 11. 2003 by consumingthe sulphas. On the basis of the information, the offence was registered against the appellants and they were also arrested. All the accused persons pleaded not guilty, therefore, after framing of charge, they were tried.