STATE OF M P Vs. BABURAM

JUDGEMENT

(1.) THIS judgment shall also dispose of Criminal Appeal No. 53/90 (Ram Kumar and Anr. v. State of M. P.) as both the appeals arise out of the same judgment.

(2.) BOTH these appeals are directed against the Judgment and Order dated 22. 11. 1990 of lind Additional Sessions Judge, Jhabua (Alirajpur), passed in S. T. No. 255/88, whereby while acquitting accused Baburam and Ramkumar under Sections 302 and 201 r/w Section 34, IPC for having committed murder of Bhagwandevi, convicted them under Sections 306 and 498-A of the IPC for a beting suicide and for having committed cruelty on Bhagwandevi and sentenced each of them to imprisonment for 7 years and 3 years.

(3.) IT-IS not in dispute that deceased Bhagwandevi was married to Ramkumar 10 years prior to the incident. They were having no issue. A dowry of nearly Rs. 20,000/- was given to Ramkumar and Bhagwanbai during marriage. Bhagwandevi died of bum injuries on 27. 2. 88 in Village Bhabra. Accused persons were residing in the same house. Accused Ramkumar was working as an employee in Public Health Centre at Bhabra, though, he and his father (accused Baburam) were permanent resident of Kukthari, Tehsil Porsa, District Morena. Baburam had come to his son Ramkumar 2-3 days prior to the incident. Jawaharlal Jain (PW 4) was next neighbour of Ramkumar.