JAGDISH Vs. STATE OF M P

JUDGEMENT

(1.) The four appellants have filed this appeal against the judgment dated 8-4-1993 of the learned 1st Additional Sessions Judge. Sehore passed in Sessions Trial No. 79/ 8R, by which the appellants have been convicted for an offence under Section 304-8 of the I.P.C. and each of them has been sentenced to suffer 7 years rigorous imprisonment.

(2.) The appellants were prosecuted for offences under Sections 306. 198-A & 304-B of the I.P.C. on the ground that Hem lata who had been married to appellant No.2 Mohanlal had committed suicide on 28-9-1987 within a period of 7 years from the date of the marriage as a result of t he cruelty administered to her by the appellants and the cruelty was in persistence oft he dowry demand. The prosecution story, in brief, was that appellant Mohanlal was the husband of the deceased Hemlata while appellant Jagdish, the brother of Mohanlal. Kiranbai is the wife of Jagdish while Gitabai is his mother. Mohanlal had married deceased Hemlata in the year 1986 in he community marriage and it is an admitted position that no dowry was settled nor any dowry is settled at such marriages. The prosecution. However, allowed that after the marriage the appellants had persisted in their dowry demand especially a cash sum of Rs. 10,000/ - and colour television and even prior to the date when Hemlata had committed suicide, appellant Jagdish had nsisted on the said dowry and had threatened that if the demand was not met they would see only the dead body of their daughter. Later the deceased died after consuming poison.

(3.) The report of the death was made and Inquest was held of which report Ex. P /13 was prepared. Since the cause of death was not apparent, the Police Officer P.W. 8 Shrinivas Pandey considered it advisable to send the iJody for post-mortem examination and accordingly the autopsy was conducted by P.W. 6 Anil Kumar Jam who gave, his report Ex. P / 11. As per the evidence of Doctor Jam, the deceased had died due to unconsciousness perhaps meaning Coma and therefore, viscera was preserved and forwarded to the Forensic Science Laboratory. The report Ex. P1 19 of the Forensic Science Laboratory dated 31-8-1988 indicated that the deceased had consumed Zinc Phosphate used for killing rodents. The statement of witnesses were recorded and report Ex. P/7 was sent by the complainant side and accordingly the case was registered vide Ex. P/16 on 25-11-1987. After completion of the investigation, the charge -sheet was filed against the appellants.