STATE OF MADHYA PRADESH Vs. NEELESH

JUDGEMENT

(1.) At the very outset, learned counsel for the respondent submits that respondent No.5 Smt. Merabai had died on 13/2/2023 during the pendency of this appeal. Her death certificate is taken on record. Therefore, appeal abates with regard to respondent No. 5-Smt. Merabai.

(2.) This petition has preferred by the State being aggrieved by the judgment/order of acquittal dtd. 29/8/2022 passed in Session Trial No.38/2019 by Session Judge Harda, District Harda (M.P.), whereby the Learned Trial Court has acquitted the accused/ respondents from the offence punishable under Sec. 498-A, 304-B/34, 306/34 of Indian Penal Code.

(3.) The prosecution case, in brief, is that deceased Monika was married to the accused Nilesh on 29/4/2017. Soon after the marriage, the accused began taunting Monika for bringing insufficient dowry, repeatedly stating that she had brought nothing and that the articles given were of poor quality. On account of these demands, Monika was subjected to continuous physical and mental cruelty by the accused persons, which she used to disclose to her father and her family members. Within two years of marriage, Monika visited her parental home at village Mohada on about four occasions, during which she informed about the harassment meted out to her by the accused. On 27/1/2019, Monika came to her father's house along with her husband, where he demanded a motorcycle and money. When father of the deceased (PW-1) expressed his inability to meet the demand, the accused stopped speaking with him and thereafter avoided his phone calls. On 18/2/2019 at about 3:00 a.m., Nilesh informed PW-1 that Monika had consumed sulphas tablets and that he was taking her to Harda Hospital. Upon receiving this information, PW-1, along with his son-in-law and nephew Kapil Arya, rushed to Harda Hospital, where they found Monika dead.