PRADEEP AND OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed against the impugned judgment of conviction and sentence dated 23.1.2006 passed by Seventh Additional Sessions Judge, Jabalpur in Sessions Trial No.447/03 whereby the appellants have been convicted for the offence punishable under sections 498-A and 304-B of the I.P.C. and each of them has been sentenced to R.I. for 3 years along with fine of Rs.2000/- and RI for 10 years, respectively, with default stipulation as mentioned in the impugned judgment. Both the sentences are directed to run concurrently.

(2.) Undisputed facts of the case are that the appellant no. 1 Pradeep has been released on 18.1.2011 from jail after serving out the entire jail sentence and on the prayer of the learned counsel for the appellant no.1, the appeal has been dismissed on behalf of him and his name has been deleted from the array of the cause title of the memo of appeal vide order of this Court dated 17.7.2012. Further, during pendency of this appeal, appellant no. 2 Bhagwan Das died and on his behalf, his wife Smt. Droupati has been granted leave to continue this appeal on his behalf vide order dated 6.3.2017.

(3.) In brief, the relevant facts of the case are that on 21.2.2002 the marriage of deceased Mamta was solemnized with the appellant no.1 -accused Pradeep. Soon after her marriage, when the deceased Mamta was in her in-laws house, she was told by Bhagwan Das, resident of Phootatal, Jabalpur, who died during pendency of the appeal, for bringing Rs.50,000/- more in dowry from her parents. Owing to non-fulfillment of his demand, Bhagwan Das instigated husband, mother-in- law and sisters-in-law of the deceased Manta, due to which, all the accused persons used to harass and torture the deceased in trifling matters for bringing the dowry amount from her parental house and also subjected her to cruelty physically and mentally for fulfillment of demand of dowry. The deceased was beaten several times by the accused persons and she was also pressurized for eating sulphas. The deceased had also informed in that regard to her relatives. On 10.1.2003 the deceased was also beaten by her mother in-law and sisters-in-law and she was forced to consume sulphas and ultimately, the deceased had taken sulphas and thereafter, she was admitted in National Hospital, Jabalpur, where she died on 17.1.2003. Information in that regard was given to the Police Station Garha, District Jabalpur, on which, Crime No. 57/03 was registered for offences under Sections 498-A , 304-B of the IPC and Section 3 / 4 of the Dowry Prohibition Act. Thereafter, the matter was taken into investigation and after completing all due formalities, the police filed the charge sheet in the Court of JMFC, Jabalpur who on its turn committed the case to the Court of Sessions for trial.