KUSUM RANI Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall also dispose of Criminal Appeal No. 892/94, Manohar v. State of M. P. and Criminal Appeal No. 893/94, Onkar v. State of M. P.

(2.) THE three appellants have been convicted by the IIIrd Addl. Sessions Judge, Sagar in Sessions Trial No. 69/93 for having committed offence punishable under Section 498-A and Section 306, IPC. The learned Trial Court was pleased to award sentence of two years R. I. and fine of Rs. 200/-, in default of payment of fine to undergo R. I. for one month under Section 498-A and also convicted each of the accused under Section 306, IPC and sentenced them to undergo R. I. for seven years and pay fine of Rs. 200/-, in default of payment of fine, the accused were required to undergo one month's R. I. Being aggrieved by the said conviction and the sentence each of the accused has preferred a separate appeal from jail.

(3.) THE prosecution case, in brief, is that the deceased Rukmanbai was married to the accused within seven years of her un-natural death. The accused persons were demanding Rs. 5,000/- and auto-vehicle as dowry, but as the parents of the girl could not meet the demand, they extended cruel treatment to the deceased. Being aggrieved by the behaviour of the accused persons and as the cruelty was beyond tolerance, the said Rukmanbai committed suicide on 28. 11. 92 by setting fire to herself. The prosecution case further is that on 28. 11. 92, at about 11 a. m. , the deceased set fire to herself and committed suicide. The matter was reported to Police Station, Kotwali. The body was sent for autopsy, spot map was prepared, various articles were seized. Statements of the witnesses were recorded and after completing the investigation, the police filed the charge-sheet against the accused persons under Sections 498-A, 306 and 304-B, IPC. The accused persons denied commission of the offence and submitted before the Court below that they were falsely implicated. The defence was that as the deceased was suffering with serious backache, she decided to commit suicide. The learned Trial Court, recorded the evidence of the parties and after hearing them, came to the conclusion that the prosecution failed to make out the case under Section 304-B. It accordingly acquitted the accused of the said charge. The Trial Court was pleased to hold that prosecution was successful in proving the ingredients of offences under Sections 498-A and 306, IPC, it accordingly convicted the accused persons and awarded the sentence as referred to above.