SHRI DEVENDRA SHARMA Vs. DR. ANJALI GYANANI

JUDGEMENT

(1.) Heard on leave application.

(2.) The applicant has preferred the present leave application for grant of leave to appeal against the judgment dated 31/12/2015 passed by Second Additional Sessions Judge, Sironj, Camp Kurwai, District Vidisha in Sessions Trial No. 26/2015; whereby, the respondents No. 2 and 3 have been acquitted from charge under Section 498-A, 304-B of IPC and Section 3/4 of Dowry Prohibition Act. Prosecution case in short is that on 20/10/2014, an accident of arson took place in house of respondent No. 2 Munnibai and deceased Pritibai was found burnt and due to burn injuries she has died. Immediately intimation was given to the police. The body of the deceased Pritibai was sent for postmortem and Dr. Ashok Rajput (PW/5) in his report Ex.P/4 has found that she died due to the burn injuries. Thereafter, Sumer Singh (PW/1) father of the deceased, Mankunwarbai (PW/2) mother of the deceased and Shailendra Singh (PW/3) brother of the deceased have made allegations that the deceased was being tortured for a demand of Rs. 1 lac, though an assurance was given by Sumer Singh that he would sale a plot and give the sum of Rs. 1 lac to the respondent No. 2 and 3 but still they continued with the pressure and harassment upon the deceased, therefore, ultimately she committed suicide. Charge-sheet was filed after due investigation.

(3.) For offence under Section 498-A and 304-B of IPC, it is (Sumer Singh Vs. State of M.P. and Ors.) for the prosecution to prove that soon before the incident,the deceased was harassed and tortured or dealt with cruelty for dowry demand. Sumer Singh (PW/1), Mankunwarbai (PW/2) and Shailendra Singh (PW/3') have stated that the deceased died within five months of her marriage. They have accepted that at the time of marriage, there was no demand from the side of respondents No. 2 and 3. For two months, the deceased Pritibai was kept with comfort,thereafter, the respondents No. 2 and 3 made a demand that Sumer Singh should fulfill his assurance to give a sum of Rs. 1 lac to respondents No. 2 and 3 and Sumer Singh assured that he would sale a plot and a sum of Rs. 1 lac be given.