HALLU SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by Third Additional Sessions Judge, Damoh in s. T. No. 145/93 decided on 30. 11. 94.

(2.) APPELLANT has been convicted under Section 304-B of ipc for causing dowry death of his wife and sentenced to rigorous imprisonment for seven years by the impugned judgment.

(3.) ACCORDING to prosecution, deceased Maya Bai @ neema Bai (hereinafter referred to as 'deceased') was married to the appellant 4-5 years back and she died of burn injuries within seven years of her marriage at village Pati (Kulwa ). Appellant used to demand Rs. 2000/- as dowry from the parents of the deceased and also subjected her to cruelty and harassment in order to fulfil his demand for dowry. As a result of cruelty and harrasment meted out to the deceased, she burnt herself by pouring kerosene oil over her body on 24. 6. 93 about 4-5 P. M. at the house of appellant at village Pati (Kulwa) and succumbed to her burn injuries in the hospital on 25. 6. 93 at 11. 45 A. M. The intimation of her death was sent to Kotwali, Damoh, whereupon merg intimation was recorded and merg inquest report was prepared. Meanwhile the occurrence was also reported at Police Station Nohta by Imrat, the brother of the appellant, whereupon the deceased was sent to the hospital for treatment; upon her death, the dead body of the deceased was sent for postmortem examination. After merg enquiry, offence was registered against the appellant under Section 304-B, 306, 498-A of IPC and Section 3/4 of Dowry Prohibition Act and was investigated. After due investigation, appellant was prosecuted and was put to trial for the offence under Section 304-B of IPC.