HARIRAM ALIAS HARISHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 28-6-2000 passed by the Second Additional Sessions Judge, Dabra, Distt. Gwalior in S. T. No. 219/99 by which the appellant has been convicted under Section 304-B of IPC and sentenced to undergo rigorous imprisonment for ten years and under Section 498-A of IPC and sentenced to undergo rigorous imprisonment for three years with a fine of Rs. 500/- with default stipulation.

(2.) THE facts of the case are that in the intervening night of 25-26th of march, 1999, deceased Ranjana was brought to Govt. Hospital, Dabra. On examination, Dr. Ahmed found that Ranjana has sustained 100% burns. He recorded her dying declaration. In her dying declaration, she stated that she was burnt accidentally because of the stove. After treatment, she was referred to J. A. Hospital, Gwalior for further treatment. She was brought to the hospital by her husband. Deceased died on 26-3-99 at 11:30 a. m. A merg intimation was registered at the police station. She was married to the appellant on 16-5-98. As per the post-mortem report, she died due to burn injury. It is alleged that the appellant demanded scooter as dowry and due to non-fulfillment of his desire, he used to ill-treat the deceased. After investigation, police filed the charge-sheet under Sections 304-B and 498-A of IPC. The case was committed to the sessions Court and the charge was framed under Sections 498-A and 304-B and in the alternative Section 306 of IPC against the appellant. The Trial Court acquitted the appellant under Section 306 of IPC but found him guilty under sections 304-B and 498-A of IPC and convicted accordingly.

(3.) IT is not in dispute that the deceased died in suspicious circumstances within seven years of her marriage. The question is whether the deceased committed suicide or her death was accidental and she was being ill-treated due to demand of dowry.