ANOOP KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant stands convicted for offences punishable under Sections 304-B and 498-A of the Indian Penal Code. He has been sentenced to undergo Rigorous Imprisonment for 7 (seven) years and to pay fine of Rs. 5,000/- (five thousand) in default of payment of fine to undergo Rigorous Imprisonment for one year, for offence under Section 304-B of I.P.C. while he is sentenced to undergo Rigorous Imprisonment for 2 (two) years and to pay fine of Rs. 1,000/- (one thousand) in default of payment of fine to undergo Simple Imprisonment for four months for offence under Section 498-A of Indian Penal Code; by judgment dated 23-2-1998, in Sessions Trial No. 271/90, by Addl. Sessions Judge and Special Judge, Jabalpur.

(2.) Undisputably the deceased Deepa Rai was married to the accused/appellant Anoop Kumar on 26-2-88 at Bareli (U.P.). She committed suicide by hanging herself on 5-7-1989 at Jabalpur. Complainant Gopendu Kumar Biswas (P.W. 7) and Dugendu Kumar Bishwas (P.W. 8) are the brothers while Smt. Chandra Biswas is the sister of deceased Deepa.

(3.) The prosecution case stated in brief is that the complainant Gopendu Kumar Biswas (P.W. 7) had in the marriage of his sister Deepa with accused/appellant Anoop given dowry according to his capacity, and had spent about Rs. 1,50,000/- in the marriage. After the marriage deceased Deepa Biswas resided with her husband the accused/appellant, and his other family members at Jabalpur. The accused/appellant and his other relatives after the marriage made demand of dowry. The deceased Deepa was assaulted and tortured by her in laws and also by the accused/appellant. The deceased Deepa intimated her brother Gopendu Kumar Biswas (P.W. 7) about the demand and maltreatment as above. However, keeping in view her future, they used to tell her to carry on with her husband and his family members.