DHOBILAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 7-1-88 of Second Additional Judge to the Court of Sessions Judge, Chhindwara. By that judgment, three appellants were convicted for having committed offences under Sections 498-A and 306 of the Indian Penal Code inasmuch as they treated Kaushalya Bai with cruelty after her marriage with appellant No. 1, Dhobilal. She had died sometime between the night of 2nd and 3rd March, 1986 by drowning herself in a well in village Jamuntola.

(2.) Kaushalya Bai was married to Dhobilal about 5 years before the incident. Sammi is the sister of Dhobilal, Kammo is his mother and Fakira is his father. Fakira was also tried as co-accused, but was acquitted by the trial Court. Simple case of the prosecution, which was found proved by the prosecution, was that after marriage, the accused-appellants were harassing and treating Kaushalya Bai with cruelty. She became pregnant in the matrimonial home. But then she had to leave her matrimonial home and had to go to her parents' house, while she was having about 6 months' pregnancy. About 3 months later, a son was born to her. She continued to live with her parents for 2 to 3 years. Then Dhobilal and his father Fakira approached the parents of Kaushalya Bai to send her with them. Her parents wanted some assurance from them. So an assembly of Panchayat-people gathered and a writing was obtained from Fakira and Dhobilal that Kaushalya Bai had to leave her matrimonial home due to quarrel and differences with her mother-in-law. But thereafter the parents of Kaushalya Bai were assured that they would not, in any manner, harass her and if at all she felt harassed, then Fakira ensured that he would allot a piece of land separately to Dhobilal and his daughter-in-law along with a pair of bullocks, so that they may live separately and earn their livelihood. This document was recorded on 2nd Feb., 1986. Kaushalya Bai was sent with her in-laws. Then in the night of 2nd March, 1986, she left the house. In the morning Dhobilal noticed that she was not there. When she did not return for a long time and they could not find her, they informed the parents of Kaushalya Bai. But the search did not reveal any result. So report of missing of Kaushalya Bai was made to police on 4-3-86 at Police Station, Bichhua. Continuous search in various wells revealed on 5-3-86 that she was lying dead and drowned in a well belonging to Suklu Gond in village Jamunatola. Autopsy revealed that she had died as a result of drowning about 26 hours earlier.

(3.) The trial Court, on the basis of the evidence of Mulia Bai (P.W. 2), mother of the deceased, Godari (P.W.1) uncle of the deceased, and Jairam (P.W. 4), brother of the deceased and the document Ex. P-2, which was a writing in the Panchayat, held that the girl had been harassed and treated with cruelty by the husband, his sister and his mother and so they were responsible for unnatural death of Kaushalyabai. The Court found that she committed suicide due to cruelty done upon her by the husband and his relatives which led her to this step and so these appellants were convicted for offences u/Ss. 498-A and 306 of the Indian Penal Code. They were sentenced as under :-