STATE OF MADHYA PRADESH Vs. RAJESH RAMLAL SEN

JUDGEMENT

(1.) THE State has filed this appeal against the judgment dated 30-9-1998 of the learned Second Additional Sessions Judge, Alirajpur in Sessions Trial no. 431/1992 by which the respondent, husband of the deceased Nirmalabai, has been acquitted of the charge under Section 304-B of the IPC.

(2.) IT was alleged by the prosecution that on the night intervening 4th and 5th June, 1991, Nirmalabai had committed suicide within a span of seven years from the date of her marriage with the accused, on account of the persistent demand of dowry by the accused and harassment and cruelty in pursuance of the said demand. The marriage between the accused and the deceased was solemnized on 15th May, 1985 and thereafter she had gone to the matrimonial home where she lived with her husband and Rukmabai, her mother-in-law. Though a long period of four years elapsed, Nirmalabai did not conceive and it was stated that rajesh and his mother, used to ill treat the deceased in pursuance of their demand of dowry. As a result of the inhuman behaviour of the accused, Nirmalabai had to shift to her parents' house where she spent a period of a year and a half. However, on the assurance of the accused to treat her with respect, Nirmalabai moved back to the matrimonial home but she was again treated cruelly and subjected to harassment. It was in these compelling circumstances, according to the prosecution, that she committed suicide. The accused then rushed to the police Station and informed the Police about the death of Nirmalabai on the basis whereof a case of unnatural death was registered under the provisions of section 174 of the Cr. PC.

(3.) DURING investigation it was found that Nirmalabai had committed suicide by hanging herself in the kitchen of which the ceiling height was only 7 ft. Her knee was also touching the ground. The Police, therefore suspected a case of homicide. The inquest was held, the Doctor conducted Autopsy, the notices exchanged between the parties were seized and after further investigation, the accused was indicted for an offence punishable under Sections 302, 201 and 304-B of the IPC.