KHACHORILAL Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal has been filed by the appellants under section 374 of CrPC against the judgment of conviction and sentence dated 12.12.2000 passed by the Ist Additional Sessions Judge, Ashoknagar District Guna, in ST No. 69/2000, by which the appellants have been convicted under section 304 -B of IPC and sentenced to undergo imprisonment for seven years each with a fine of Rs. 5,000/ - each with default stipulations.

(2.) THIS is a case of dowry death with the allegation that the deceased Urmila married with appellant No. 2 on 10.5.1998. Appellant No. 1 is the father -in -law of the deceased. The allegation against the appellants is that they demanded dowry and also illtreated the deceased Urmila. When she came to the house of her parents, she informed that the Spark bike had been returned by the appellants and demanded Rs. 20,000/ - for purchasing new vehicle. Rs. 20,000/ - were given to the appellant No. 2 to purchase the new vehicle. Thereafter, she was not sent to her parents house by the in -laws of the deceased. They also refused to send her during Rakhi festival. At the time of Nav -Durga, the brother of the deceased Omprakash and cousin Pappu went to bring the deceased but there was a demand of Rs. 50,000/ - by the in -laws of the deceased and subsequently, she died on 27.10.1999 by consuming poisonous substance. She was admitted to the hospital. The doctor informed the police about the case and after her death merg was registered. The case belonged to the Police Station Shadora, therefore, police Guna made over the case to the concerning police station for its investigation. The body of the deceased was recovered through Panchayatnama by giving notice to the witnesses and post -mortem was conducted by the doctor. The post -mortem report is Ex. P -1. As per the report, the cause of death was due to cardio -respiratory failure. The definite cause of death is not given but it is advised that the viscera to be examined by FSL for confirmation poisonous substance.

(3.) BEING aggrieved by the judgment of conviction and sentence, this appeal has been preferred by the appellants on the ground that the trial Court has erroneously convicted the appellants because father -in -law of the deceased informed to the father of the deceased about the illness. The deceased was not keeping well and she remained ill, therefore, she was mentally disturbed. Therefore, she committed suicide and apart from the above facts, the statements of the prosecution witnesses are improvements to their police diary statements and in the statements of Chunnilal (PW 2) and Munnibai (PW 4), who are the parents of the deceased, there are material contradiction and omissions in their testimonies during the evidence. Therefore, both the witnesses are not reliable and it would not be safe to convict the appellants on the unreliable testimonies of the witnesses.