RAJESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This criminal appeal against conviction under Section 374 (2) of the Cr.P.C . filed on behalf of appellant accused Rajesh is directed against the judgment dated 24.11.2009 passed by the Court of 4 th ASJ, Sagar in Session Trial No.242/2005, whereby the accused appellant Rajesh was convicted under Section 498-A of the IPC and was sentenced to under rigorous imprisonment for a period of 2 years and fine in the sum of Rs.10,000/-. In default of payment of fine, he was directed to undergo rigorous imprisonment for a further period of 6 months.

(2.) The prosecution case before the trial Court may be summarized as hereunder. Accused Rajesh Tiwari had married deceased Sapna Tiwari on 24.06.2002. A sum of Rs.1,25,000/- in cash, a motorcycle and other house hold items were settled between the parties as dowry. Pursuant to aforesaid settlement, Rs. 1,40,000/- in cash were given at the time of marriage. Out of aforesaid amount Rs. 40,000/- was for purchasing motor cycle. Other house hold items were also given at the time of marriage. 10 days later, Sapna's brother Jitendra had gone to matrimonial home of Sapna at Sagar to bring her back. At that time, accused Rajesh and Sapna's father-in-law Premnarayan, mother-in-law, Prabha and brother-in-law, Yogesh had reminded him that Rs.14,000/- in cash and a sofa-set had not been given; whereon, Jitendra promised to make arrangement for the same. Sapna stayed at her maternal home at Chachoda till Rakshabandhan. Thereafter, relatives of Rajesh had gone to bring her back to her matrimonial home again reminding her brother regarding remaining dowry. Sapna stayed at her matrimonial home for about 3-4 months. Thereafter, when Jitendra had gone to her matrimonial home to bring her back, aforesaid accused persons told him that Sapna would be sent back to her maternal home only if remaining dowry was paid; whereon, Jitendra arranged for Rs.30,000/- and went back to Sagar and paid remaining amount. Only then he was allowed to take his sister home. Sapna complained that her in-laws harassed her excessively. Her father-in-law abused her, brother-in-law fought with her and husband beat her on number of occasions. Her husband had consumed liquor and had poured kerosene upon her; therefore, Jitendra had kept his sister with him. When Rajesh had gone to bring her back, Jitendra refused to sent her. The relatives tried to make Rajesh see reason; whereon, he promised that henceforth, they would not harass her. Consequently, Sapna was sent to her matrimonial home with Rajesh. However, her matrimonial relatives lapsed back into old ways and started to persecute the deceased again. They would not allow Sapna to speak to her relatives on telephone. Sapna used to privately complain to her relatives about the behaviour of her in-laws. She used to tell her relatives that if she were not taken back to her maternal home, her in-laws would kill her. Ultimately, she committed suicide by consuming poison on 24.01.2004.

(3.) After investigation, final report under Section 173 of the Cr.P.C. was filed and a charge under Section 304-B of the IPC was framed against father-in-law Premnarayan, mother-in-law Prabha, brother-in-law Yogesh and husband Rajesh. After the trial, the trial Court recorded a finding to the effect that the prosecution had failed to prove any offence against Premnarayan, Prabha and Yogesh. The prosecution had also failed to prove the offence under Section 304-B of the IPC against accused/appellant Rajesh because it was not proved that the deceased was subjected to cruelty or harassment by her husband or any of his relatives in connection with any demand for dowry made soon before her death. Therefore, offence under Section 304-B of the IPC was not made out against appellant Rajesh. Consequently, all four accused persons were acquitted of the offence under Section 304-B of the IPC; however, it was held to be proved beyond reasonable doubt that after marriage, appellant Rajesh had persecuted the deceased by beating her and had inflicted cruelty upon her by pouring kerosene upon her. Likewise, it was also proved beyond reasonable doubt that Rajesh had demanded Rs.30,000/- in cash and he had inflicted physical cruelty upon her. Consequently, he was convicted for the offence punishable under Section 498-A of the IPC.