SHRIRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have preferred this appeal challenging their conviction and order of sentence passed by Sessions Judge, seoni in S. T. No. 127/98, decided on 22. 11. 99.

(2.) APPELLANTS have been convicted under Section 498-A/34, 306/34 of IPC and each of them sentenced to rigorous imprisonment for three years and five years for the respective offences by the impugned judgment. Both the sentences were directed to run concurrently.

(3.) ACCORDING to prosecution, deceased Sarita Bai (hereinafter referred to as 'deceased') was married to appellant no. 1 Shriram Kurmi of village Singhori on 23. 4. 98. Appellants no. 2 and 3 are the father and mother of appellant no. 1. Appellants had demanded a vehicle in the marriage of the deceased from her father. Chintaman, the father of the deceased, however, gave an M-80 moped, fan, TV and other articles as per his capacity in the marriage of his daughter. The m-80 Moped developed mechanical defect after sometime, so it was sent back to the parents of the deceased for getting it repaired. Thereafter, appellants began harassing the deceased for the vehicle and they subjected her to ill-treatment and cruelty. Appellant no. 3, the mother-in-law of the deceased also taunted her about her dark complexion and for bringing small vehicle in dowry. On 12. 7. 98 when appellant no. 2 Vishnu prasad, the father-in-law of the deceased came to her father's place to take her to her matrimonial home, she was not willing to go back and complained to her parents that appellants tortured and ill-treated her for vehicle and on account of her dark complexion, but they somehow sent her with appellant no. 2 Vishnu. On 14. 7. 98 deceased Sarita Bai died at her in-laws' place under suspicious circumstances, while she was hale and hearty when she came back from her parents' house on 12. 7. 98. The intimation of her death was given to the Police by Rajkumar, the brother of the deceased, whereupon merg intimation was recorded at Police Station Bandol, District Seoni and merg inquest report was prepared. The dead body of deceased was sent for postmortem examination. Her viscera was preserved and sent for chemical examination. As per report of chemical examiner, Endosulfan was found present in her viscera. After completion of merg inquiry, offence was registered against the appellants and was investigated. After due investigation, appellants were prosecuted under Section 304-B, 498-A of IPC and were put to trial.