SUMATI JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANTS have filed this appeal against the judgment dated 22-2-2003, passed by the Additional Judge to the Court of Additional Sessions Judge, sihora, District Jabalpur in Sessions Trial No. 748/01 convicting them under section 304-B of the Indian Penal Code and sentencing them to Rigorous imprisonment for seven years.

(2.) THE facts as alleged by the prosecution are that accused Sumati Jain was married to Mukta Jain (deceased) on 18-5-2001 according to the customs and rites of Jain community. At the time of marriage, Rs. 51,000/- cash, almirah, cooler, bed, etc. were given in the dowry. On 31-5-2001, Mukta was brought back from her in-laws house by her brothers. For 2-3 days, when the inmates of the house saw her sad, they asked for its reason. She disclosed that her husband sumati Jain, his elder brothers Jinendra and Surendra and mother-in-law Pyari bai used to say that they did not get sufficient dowry. They expected Colour t. V. , Sofa-set and motorcycle in the dowry. They wanted that she should bring all these articles and also some money for the business purpose. Her family members told to her that they will make her -in -laws understand that within 2-3 months they would arrange for the aforesaid articles. On 18-6-2001, Mukta went back to her in-laws house at Village Kumhi. On 25-6-2001, due to cruelty meted out to her, Mukta sprinkled kerosene and set fire to herself. She succumbed to burn injuries before she reached the hospital.

(3.) THE intimation of death of Mukta by burn injuries was reported to police Station, by Dr. Pandey of the Civil Hospital. A Merg (Exh. P-7) was recorded. After issuing notice to witnesses, inquest proceedings were conducted. The dead-body of Mukta was sent to Civil Hospital, Sihora, for post-mortem examination. A team of two doctors viz. , Dr. N. K. Pandey and Dr. Raj Kumar Jain performed the post-mortem examination and found 70-75% of burn injuries on her body. The burns were of 2nd and 3rd degree and were caused by hot flames. The cause of death was shock and asphyxia as a result of extensive burns.