RAMBETI Vs. STATE OF M.P

JUDGEMENT

(1.) This criminal appeal has been preferred by the three appellants, Ram Beti, Rakesh and Santosh, out of accused persons who were collectively tried by the Sessions Court, Lahar in Sessions Trial No.312/ 2000 under sections498A and 304B of the Indian Penal Code and after concluding the trial the Additional Sessions Judge, Lahar has found the present appellants guilty of commission of offence under section 498A, but has acquitted all of the accused from the charge of section 304B, however, the present appellants have been convicted under section 306 of the Indian Penal Code and the accused Dilasa Ram has been acquitted from all the charges. The present appellants have been convicted and awarded sentence of rigorous imprisonment for a term of one year with fine of Rs.1,000/ - each under section 498A IPC and three years sentence with fine of Rs.1,000/ - under section 306 IPC.

(2.) THE prosecution story demonstrate that one Abhilasha daughter of Santoshi Lal Tyagi was married with accused Rakesh and after one year from the date of marriage, she was taken to her matrimonial home where the family members started demanding dowry of Rs.25,000/ - and one Scooter for accused Rakesh. This demand was made in front of the brother Dinesh Tyagi, who narrated entire story to his father Santoshi Lal Tyagi, but since they were not financially sound enough to meet the demand of the family members of accused Rakesh therefore Abhilasha was subjected to cruel behavior, harassment and neglect with the added punishment of not allowing her to go and meet her father and mother, which ultimately compelled Abhilasha to commit suicide by drowning in a well.

(3.) THE Station House Officer Aswar initially registered a merg on the basis of receiving the intimation of the death of Abhilasha and prepared a spot map and naksha Panchayat Nama of the dead body and soon thereafter the dead body of Abhilasha was sent for post -mortem examination. The record of the Court below reveals that the Investigating Officer had found during the course of the inquiry that no offence was made out and as such he submitted a final report (Khatma) but when the complainant contacted the Director General of Police with the grievance about the biased attitude of investigation agency, only thereafter the FIR was registered on date 3.6.1999 and the statements of the prosecution witnesses were recorded and the investigation proceeded.