GULAB SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellants Gulab Singh and Smt. Durga Devi, father-in-law and mother-in-law of deceased Gaitri have filed this appeal being aggrieved by the judgment dated 6. 1. 2000 passed in ST No. 121/96 by the learned First Addl. Sessions Judge Sidhi, convicting the appellants under Section 498-A and Section 304-B of IPC, sentencing them to undergo RI for two years and pay fine of Rs. 500/-in default of payment of fine to undergo RI for 3 months, under the first count and to under go RI for 7 years under the second count.

(2.) THE prosecution case in brief is that Gaitri was married to Kamal Bhan Singh son of the present appellants. The marriage was performed some where in the summer of 1995 and she had died within one year on 31. 1. 96. It is not disputed before me that Kamal Bhan Singh was also prosecuted alongwith the present appellants but the trial Court vide its order dated 22. 7. 98 directed that said Kamal Bhan Singh being a juvenile should be dealt with by the Juvenile Court. It is also not disputed before me that one of the appellants Smt. Durga Devi has died during the pendency of the appeal.

(3.) THE prosecution case further is that within the period between marriage and the death, the deceased had come to her parental house on three occasions and she had informed her parents and other relations that she was being ill-treated and harassed in connection with demand of dowry and she was facing danger to her life and limb. According to the prosecution the deceased conceived after the marriage and all of sudden they received information that the deceased had expired. The prosecution witnesses reached the house of accused persons and found that the body of the deceased was blackened, she had vomited and according to the statement of one of the witnesses, she had asked that the body be not cremated. Before her elder brother could come, the body was cremated and thereafter ashes were thrown in the river. A written report was made by Jaan Bahadur at Police Station Amiliya. After receiving the report, the prosecution agency entered in the arena of investigation, it recorded statements of the witnesses and after collecting other materials filed the charge sheet.