P.K. BACHASPATI Vs. STATE OF M.P.

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment of conviction and sentence dated 11.10.1996, passed by VIII Additional Sessions Judge, Jabalpur, in Sessions Trial No.286/95, convicting the appellants for the offences u/s 304B and 498A of IPC and sentencing them to life imprisonment and rigorous imprisonment for three years with fine of Rs.3,000/ - on each count respectively.

(2.) IN brief, the prosecution story is that Rooma (deceased) was married to accused Subrato Bachaspati on 27.2.1994. Accused P.K. Bachaspati and Smt. Shikha Bachaspati are respectively the father -in -law and mother -in -law of Rooma. Accused Devvrat Bachaspati is her husband's younger brother. It is said that before marriage accused persons had demanded Rs.35,000/ - cash in dowry from Jagat Jeevan Bhaduri, the father of deceased. He any how managed to pay Rs. 10,000/ - cash and gave gold ornaments, vessels and furniture to them at the time of marriage, but the accused did not feel satisfied and pressurized Rooma for bringing remaining amount of Rs.25,000/ - of dowry. They taunted her that she was daughter of a beggar and on objecting, they maltreated her. Rooma had informed all the aforesaid facts to N.C. Lahiri and Monika Chaterjee, who lived at Jabalpur. It is also said that accused Devvrat kept on evil eye on her.

(3.) AFTER about 1 -2 months, when Rooma became pregnant, accused cast aspersion on her character and insisted that until amount of Rs.25,000/was given to them, they would not permit her to deliver child. Accused Subrato Bachaspati, who was also practising medicine, gave her some medicine due to which her condition became serious. She was taken for the treatment to N.C. Lahiri and thereafter to Shukla Nursing Home, Ranjhi. She could be saved only after abortion. Once again she became pregnant, but accused again got it aborted. It is said that about one and a half month before the incident, when she again conceived, accused persons had asked her to bring Rs.25,000/ - from her parents. Rooma informed her wish of becoming the mother to her niece, brother and Shaifali Lahiri on 1.1.1995. They also tried to make accused persons understand, but they persisted their demand. Thus, feeling frustrated and harassed, on 9.1.1995 Rooma committed suicide by hanging. Accused Subrato and P.K. Bachaspati informed about her death to Dr. Monika Chaterjee and Dr. Chaterjee at about 9:30 in the night. A written report EX.P -1 was submitted by her father Jagat Jeevan Bhaduri to police on 12.1.1995.