STATE OF M.P. Vs. RAKESH AND OTHERS

JUDGEMENT

(1.) This appeal under Sec. 378(i) of the Crimial P.C. has been preferred by appellant State of M.P. against the judgment of acquittal dated 25.4.2003 passed by Fourth Additional Sessions Judge, Bhopal in S.T. No. 59/2001 by which accused persons were acquitted from the charge under Sec. 304-B and/or Sec. 302 of the IPC.

(2.) The prosecutions story, as alleged, was deceased Sonal died in other than normal circumstances by hanging on 1.11.2000. She was married with accused Sanjay Jaiswal on 26.11.1995. It is alleged that a demand of Rs. 6,50,000.00 was made to purchase a plot and due to non-fulfilment of the said demand, deceased was subjected to cruelty, however, by harassment she died by hanging in other than normal circumstances. The intimation was given by brother-in-law Rakesh Jaiswal to SHO, P.S. Shahjahanabad, District Bhopal. The FSL team reached on the spot on 11.2000 and prepared the Panchnama and spot map of the dead body and made a note that cause of death is due to hanging in the nature of suicide. The statements of family members of the deceased were recorded and because the deceased died by hanging in other than normal circumstances, therefore, offence under Sec. 304-B of the Penal Code was registered against brother-in-law Rakesh Jaiswal, husband Sanjay Jaiswal, Father-in-law Krishna Kumar Jaiswal, Mother-in-law Smt. Vinodini and Sister-in-law (bhabhi) Smt. Neena Jaiswal.

(3.) After completion of investigation, challan was filed in the competent Court, however, the Magistrate Court took the cognizance and committed it to the Court of Session for trial. The trial Court framed charge under Sec. 304-B of the Penal Code and in alternative under Sec. 302 of the IPC. The accused persons abjured their guilt and took the defence that there was no demand of dowry. The transaction of Rs. 6,50,000.00, as alleged, was not towards demand of dowry but it is under an agreement to purchase a plot in the name of deceased Sonal and out of the total amount of Rs. 6,50,000.00, Rs. 5,00,000.00 were returned to them, Rs. 50,000.00 were paid to seller under agreement and Rs. 1,00,000.00 were deposited in the account of the deceased. It is said, in fact a letter written by the deceased Sonal to one Jitendra Singh Thakur was received by accused Krishna Kumar Jaiswal along with Diwali Greeting wherein deceased was having intimacy and want to meet with him. Its intimation was given to her husband Sanjay, thereafter information was given by Sanjay to the father of deceased Ganesh Jaiswal who was coming on 2.11.2000, however, prior to the visit of the father with father-in-law, she committed suicide, therefore, it is not a case of dowry death or cruelty and harassment, even all the family members have been falsely implicated.