VIJAY BAHADUR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall govern the disposal of Criminal Appeal no. 501/96 and Criminal Appeal No. 504/96 arising out of the same judgment dated 9. 3. 96 passed by First Additional Sessions Judge, Rewa in S. T. No. 25/91.

(2.) APPELLANTS Vijay Bahadur, Hansavati and Rajeshwari Devi have been convicted under Section 498-A, 304-B and Section 201 of IPC and each of them sentenced to rigorous imprisonment for three years, seven years and three years with fine of Rs. 200/- for the respective offences, while appellant Jaibharat has been convicted only under section 201 of IPC and sentenced to rigorous imprisonment for three years with fine of Rs. 200/- by the impugned judgment. Being aggrieved by the aforesaid order of conviction and sentence, appellants vijay Bahadur, Hansavati and Rajeshwari Devi preferred Criminal Appeal no. 501/96, whereas appellant Jaibharat preferred Criminal Appeal No. 504/96.

(3.) ACCORDING to prosecution, deceased Sheela Devi was married to one Prabhakar Singh of Village Bahera-Dabar, Mauganj, district Rewa in the year 1988. Deceased Sheela Devi (hereinafter referred to as 'deceased') died on 6. 10. 90, i. e. , within seven years of her marriage. Prabhakar Singh, the husband of the deceased was in service at Sidhi and used to live there. Appellants Vijay Bahadur, Hansavati and rajeshwari, who are respectively brother, mother and sister of the husband of deceased, used to harass her and subjected her to beating and torture for dowry complaining that her father had not given enough dowry. Deceased used to make oral complaints to her parents that the appellants were harassing her for more dowry. Dharmraj Singh, the father of the deceased, therefore, brought her to his place. However, in august 1990, appellants Vijay Bahadur and Jaibharat came and took the deceased with them to her matrimonial home for participating in the death anniversary of the wife of appellant Vijay Bahadur assuring that she would not have any problem; but on 6. 10. 90 she was done to death by the appellants and without informing the parents or the Police, her dead body was cremated. When Dharmaraj Singh came to know of her death from one Tilakdhari on 15. 10. 90, he made a written complaint to the Police on 16. 10. 90, on the basis of which an offence was registered against the appellants and was investigated. After due investigation, appellants were prosecuted under Section 498-A, 304-B, 201 of IPC and were put to trial.