BABU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 18. 8. 1992 of the learned Sessions Judge, Damoh, passed in Sessions Trial No. 51/90, by which the appellants have been convicted for offences under Sections 304-B and 306 of the Indian Penal Code and each of them has been sentenced to 7 years' rigorous imprisonment under each count sentences to run concurrently and subject to the set off under Section 428 of the Code of Criminal Procedure.

(2.) HALKIBAHU was married to the son of the appellant No. 1 Babu Singh and appellant No. 3 Kapuribai and brother-in-law of the appellant No. 2 Draupadibai, namely, Bahadur, some three years prior to the date of commission of suicide by her on 12. 1. 1990. \

(3.) AS per the case of the prosecution, the parents of the deceased, namely, Dhopatsingh (PW 5) and Girjarani (PW 6), had given cash amount of Rs. 12,000/-, a watch and a radio in dowry but had not given a "gold Mohar" and the accused persons were, therefore, harassing her and thus subjecting her to cruelty in order to pressurise her to persuade her parents to give the same. The appellants and the deceased were not financially in a position to afford a "gold Mohar". As per the prosecution case, on 12. 1. 1990, on the festival of Sankranti Dhopatsingh (PW 5) had gone to the house of the accused persons to bring his daughter and he was informed by his daughter, the deceased Halkibahu, that the accused persons were harassing her because he had not given them the "gold Mohar". On hearing the said complaint made by the deceased to her father, the appellants had slapped her and taken her inside the house. The prosecution alleges, on account of the said cruel conduct in pursuance of the demand of dowry, Halkibahu committed suicide by hanging. Inquest on the dead body was held on 3. 1. 1990 by the Investigating Officer V. C. Verma (PW 7) and report Ex. P 3 was prepared, to which Asharam (PW 3), Mukundsingh (PW 4) and Dhopatsingh (PW 5) were witnesses. The body was forwarded alongwith requisition Ex. P1 to the Govern- ment Hospital for post-mortem examination and the rope was seized from the house of the appellants under seizure memo Ex. P4. Spot map Ex. P5 was prepared and the case was registered against the appellants on 16. 1. 1990 under Section 306 of the Indian Penal Code vide Ex. P6. Autopsy was preformed by Dr. S. K. Jain (PW 1) on 14. 1. 1990 and a ligature mark was found on the neck of the deceased, on the basis whereof the docor opined that she had committed suicide.