BHAGWATIBAI Vs. STATE OF M P

JUDGEMENT

(1.) CHALLENGE in this appeal is the judgment and order dated 22. 10. 1999 passed by Fourth Additional sessions Judge, Gwalior in S. T. No. 364/95, whereby the appellants have been convicted under section 304b of I. P. C. and sentenced to undergo life imprisonment, The appellants have also been convicted under section 498a of IPC and sentenced to undergo one year rigorous imprisonment and to pay fine of Rs. 5,000 each failing which the appellants are further directed to suffer three months rigorous imprisonment.

(2.) APPELLANT Rajaram is father-in-law and appellant Bhagwatibai is mother-in-law of the deceased Sunita. Complainant Chotelal (PW2) is father, Gopi (PW1) is mother and Sohansingh (PW3) is uncle of the deceased Sunita. It is not disputed that deceased Sunita died within around three years of her marriage by hanging herself and committed suicide.

(3.) THE case of the prosecution in brief is that, on 2. 7. 1995, complainant Chotelal (PW2) lodged a report (Ex. P1) at Police Station Bahodapur to the effect that the marriage of his daughter Sunita (deceased) was solemnized with Umesh (acquitted co-accused) around three years back. After marriage, sunita gave birth to a baby child. Deceased Sunita was subjected to cruelty by the appellants for demand of dowry. Appellant rajaram wanted to purchase a two-seater vehicle for his son Umesh and therefore, he pressurised the deceased to bring rs. 40,000 from her parents. Appellant Rajaram also threatened the deceased that if she will not bring Rs. 40,000 from her parents, then she will not be permitted to her in-law's house. Complainant Chotelal expressed his inability to give rs. 40,000 before his son-in-law Umesh and sent hisdaughter Sunita to her in-law's house. But again the appellants turned the deceased out from their house to bring the said money. Thereafter, Sohansingh (PW3) and son of Dinanath called Umesh and pacified the matter and again sent Sunita with Umesh to her in-law's house.