RAKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/appellant stands convicted for offences punishable under Sections 498-A and 304-B of the Indian Penal Code, and has been sentenced to undergo Rigorous Imprisonment for 10(ten) years for offence under Section 304-B of I.P.C. while he has not been separately sentenced for offence under Section 498-A of the Indian Penal Code, by judgment dated 29-11-1997, in Sessions Trial No. 59/90 by 1st Addl. Sessions Judge, Mandla.

(2.) Undisputably, the accused/appellant was married to deceased Radha bai in the month of June, 1989. She committed suicide on 28-11-89 i.e. within about six months of marriage by consuming some poisonous substance. Sushila Bai (P.W. 2) and Jamuna Prasad (P.W. 3) are the parents of deceased Radha Bai while Kamal Kumar Chaorasia (P.W. 6) and Vimal are their sons and brother of deceased Radha Bai.

(3.) The prosecution case stated in brief is that the accused/appellant and his parents used to demand dowry from deceased Radha Bai, and since the above demand was not met, she was harassed, tortured and subjected to cruelty by the accused/appellant and his parents. The accused/appellant also caused aspersion on the character of deceased Radha Bai. Feeling frustrated Radha Bai consumed some poisonous substance and ended her life. Jamuna Prasad (P.W. 3) lodged a written report regarding the incident as per Ex. P/2-A, addressed to S. H. O. Mandla. The offence was registered against the accused/appellant on the basis of that report. The inquest report (Ex. P/6) on the dead body of deceased Radh Bai was prepared by D.S.P. M. S. Kanwar (P.W. 11). It was sent for postmortem examination vide memo (Ex. P/7-A). Dr. S. K. Pandit (P.W. 7) and Dr. P. C. Masahra (P.W. 9) conducted postmortem on the dead body of deceased Radha Bai. Their postmortem report is as per Ex. P/7. A letter (Ex. P.3 A) was seized. After concluding other usual formalities during investigation, charge sheet was filed against the accused/appellant as well as his parents-co-accused Tulsiram and Lalita Bai.