BHAIRON SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal has been preferred under Section 374 (2) of cr. P. C. being aggrieved by the judgment finding and sentence dated 25-06-1993 passed by Additional Sessions Judge Khurai in Sessions trial No. 84/92 whereby the appellant has been convicted under section 498-A of IPC and Section 3 of Dowry Prohibition Act, 1961, and sentenced to R. I. for 3 years with a fine of Rs. 5000/-in default r. I. for 6 months and R. I. for 5 years with a fine of Rs. 15,000/-in default further R. I. for 1 year respectively. Both the sentences are directed to run concurrently.

(2.) THE prosecution case in brief is that on 9. 10. 1990 at about 11. 00 a. m. Ghooman Kotwar of village Pyasi intimated P. S. Khurai that Anjana Rani wife of Bhairon Kurmi died by falling in a well. Marg intimation No. 56/90 was registered and enquiry made. Panchnama of her dead body was prepared. Body was sent for post mortem examination which was conducted on 10. 10. 1990 at 11. 30 a. m. Autopsy Surgeon opined her death due to asphyxia due to drowning within 3 to 48 hours from the time of examination. On 11. 10. 1990 Krishna Murari brother of deceased submitted an application before S. P. Sagar mentioning therein that his sister was married with Bhairaon prior to 6 years of occurrence. Dowry was given at the time of marriage. After 3 years of marriage, Gauna ceremony was performed in which 10 Tolas gold, 1 kg silver, 1 gold mohar and Rs. 5,000/-cash with other articles were given. After 1 year her husband started beating and causing harassment. He used to say to manage for his job through her brothers or get transferred the house of Ganj Basoda in his name or to provide Rs. 1 lac so that he can start his business at Ganj Basoda. If these things will not be done, then she will be subjected to harassment. His sister also told him that her husband used to give severe beating by filling clothes in her mouth in the night and as a result thereof sometimes she used to become unconscious. This fact was brought into notice of appellant"s father who insured not to repeat such things. Thereafter, she was sent to her in-laws house where she was residing. On 10. 10. 1990, he came to Khurai to his in-law"s house where he came to know that his sister has died and her dead body has been cremated. No any information was given to him regarding the death of his sister. He suspected that after killing his sister by appellant dead body has been thrown into a well. After inquiry first information report Ex. P-9 was registered on 22. 3. 91 at 16. 00 at P. S. Khurai wherein Crime No. 126/91 u/s 306, 304-B and 498-A of I. P. C and 3 / 4 of Dowry Prohibition Act, 1961 was registered. The statements u/s 161 of Cr. P. C were recorded. After completing investigation, charge sheet was filed in the court of j. M. F. C. , Khurai wherein Cr. Case No. 88/92 was registered and the case was committed to Sessions Court on 25. 2. 92.

(3.) THE appellant was charged u/s 304-B, 306 and 498-A of I. P. C. and u/s 3 of Dowry Prohibition Act, 1961 that he on 9. 10. 1990 at village Pyasi caused dowry death of Ranjana Rani-his wife, subjected her to cruelty and harassment in connection with demand of dowry; she committed suicide by falling in a well and he abetted for commission of such suicide; that prior to this incident, he subjected her to cruelty and demanded dowry from her.