SURESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant Uma verma and appellant Suresh Kumar have respectively filed Criminal Appeal No. 2177/ 2000 and Criminal Appeal No. 2699/2000 being aggrieved by the judgment dated 24. 8. 2000 passed in Sessions Trial No. 521/ 1999 by learned Additional Sessions Judge, jabalpur convicting each of the appellant under Section 302 I. P. C, sentencing them to undergo R. I. for life and fine of Rs. 1000/-, in default of payment of fine to undergo further R. I for four months and convicting the appellant Suresh under Section 498-A i. P. C sentencing him to undergo R. I for two years and pay fine of Rs. 1000/-, in default of payment of fine to undergo R. I. for four months, the substantive jail sentence to run concurrently, have filed this appeal.

(2.) THE prosecution case as it appears from the written report is that deceased Mamta was married with appellant Suresh Kumar on 25. 6. 1995, since after marriage accused suresh Kumar was cruelly treating the deceased, he was also demanding money from the deceased and her parents. As a result of the cruel treatment extended to the deceased in connection with demand of dowry she died an unnatural death. On basis of the fact the Court below levelled charges under Section 304-B and Section 498-A i. P. C, in the alternative under Section 302 i. P. C.

(3.) THE first information report further says that on 5,7. 1999 deceased Mamta had come to her parental house, on 6. 7. 1999 accused. Suresh telephoned Mamta that some theft was committed at their house, therefore, she was to come back. It appears that sharad (P. W. 6) brother of deceased Mamta accompanied the deceased as he wanted to drop Mamta at her matrimonial house. According to the prosecution the moment mamta entered the house, it was found that uma Verma was sitting in the house, accused Suresh after picking up some quarrel gave one slap to the deceased. When P. W. 6 sharad wanted to intervene in the matter, the deceased Mamta asked him to go back. It has come on the record that a telephonic information was sent by Mannulal, Supervisor, V. F. J Security to the Police Station at about 10. 45 p. m. that Mamta wife of suresh had died because of the extensive burns.