GIRJASHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 6-8-1984, passed by the Xth Addl. Sessions Judge, Indore, in Sessions Trial No. 52 of 1984, thereby convicting the appellants of an offence punishable under S.306, I.P.C. and sentencing them to undergo rigorous imprisonment for seven years. The appellants were charged with having committed the murder of Urmila on 16-8-1983 and in the alternative they were also charged with having abetted commission of suicide by Urmila - an offence punishable under S.306, I.P.C.

(2.) Short facts of the case, as noted by the trial Court, are that appellant Dinesh was married to the deceased Urmila on 26-4-1982. Their conjugal life for initial few months was peaceful, but it was not to last long, as soon trouble started and the appellants, it is alleged, started, ill-treating and goading Urmila Appellant Dinesh, who was unemployed wanted a certificate of having passed the VIIIth standard so as to enable him to procure a job and asked his father-in-law, Kundanlal (P.W. 1), a teacher, for issuing such a certificate, which he (Kundanlal) did not and expressed his liability therefor, which annoyed Dinesh, who made it clear to Kundanlal, who visited his daughter on the eve of DEEPAVALI in the year 1982 that he would not keep Urmila with him as he (Kundanlal) did not issue a certificate as desired by Dinesh, who could not procure a job for want of such a certificate. An Inland letter (Ex. P/1) of the said demand, though denied by Dinesh in his statement recorded under S.313, Cr.P.C. is on record. This letter has been proved by Kundanlal (P.W. 1), who was conversant with the writing of Dinesh and no cross-examination is addressed on this point. It is also mentioned in the first information report, Ex. P/3, lodged just two days after the incident. Urmila was subjected to cruel treatment, as her father could not oblige Dinesh by issuing a certificate of having passed the VIIIth standard. There are allegations that not only Urmila was not treated as a wife by her husband Dinesh, but his parents (the appellants Girjashankar and Savitribai) had in fact started searching for another bride for him.

(3.) Urmila had also narrated these searching efforts made by her in-laws when she had come to her parents on the eve of Holi in 1983. Although, Hoslaprasad (P.W. 5) had turned hostile, yet he admitted having written tile letter, Ex. P/2, on record, which points to the efforts of appellants Girjashankar and Savitribai for a second marriage of their son, Dinesh. Urmila's father Krindanlat (P.W. 1) and Hoslaprasad (P.W. 5), who was an intermediary between the two families, on coming to know of the efforts for a second marriage of Dinesh, contacted the appellants and tried to convince them as also Ghanshyam (P.W. 7) and his brother that they must release that Dinesh, who was already married, should not be allured into a second marriage as to rain the life of Urmila. Hoslaprasad (P.W. 5) is a common relation of both, the appellants as well as Kundanlal (P.W. 1). Ghanshyam (P.W. 7) has admitted having visited Girjashankar in connection with the settlement of his sister's marriage, although according to him the negotiation were for Shyamu, the elder brother of Dinesh. Shyamu, who was in fact unmarried, was misrepresented by the accused-appellants as a married one, while the appellant Dinesh, who was already married, was misrepresented as unmarred. The witness Ghanshyam (P.W. 7) also turned hostile, but the latter, Ex. P/2, admittedly written by Hoslaprasad (P.W. 5) is on record and it points to the mis-representation and efforts put in by the parents of Dinesh for his second marriage. It was at the ance and intervention of Hoslaprasad (P.W. 5), that negotiation for a second marriage of Dinesh were dropped. When Urmila had come to her parental home on the eye of HOLI in the year 1983, she was in tattered clothes, as her new Saris and her other wearing apparels were taken away from her trunk. She was made to starve and work, like a bonded labour, right from daybreak till late in the night and subjected to mental and physical torture.