JAMNA PRASAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal arises from the judgment dated 6/12/1994 passed by Additional Sessions Judge, Harda in S. T. No. 182/93 whereby each one of the appellants was convicted under Section 304-B of the IPC and sentenced to undergo R. I. for 10 years.

(2.) PROSECUTION case, in brief, may be stated as under -Marriage of Maya Bai (since deceased) was solemnized (i)with Jamna Prasad the appellant no. 1 (for short A1), the son of appellant no. 2 Prem Bai (hereinafter referred to as `a2') in the year 1988. In the wedlock, they were blessed with a girl child named as Aarti, who also succumbed to the burn injuries sustained in the same transaction that led to untimely death of her mother. At the relevant point of time, they were residing in a house situated in Shukrawara Mohalla, Timarni. (ii) Ever since her marriage, Maya Bai had persistently been subjected to cruelty and harassment by both the appellants due to non-satisfaction of demand for a cash amount of Rs. 20,000/- in dowry. Ultimately, on 18/3/1993 at 5. 30 p. m. , she and her 2-year-old daughter were brought to the Hospital at Timarni in a severely burnt condition. Dr. R. B. Patel (PW3) immediately informed the police by way of memo (Ex. P-8 ). After a preliminary examination, he referred both of them to the civil Hospital at Harda for necessary treatment. However, Aarti died on the same day whereas Maya Bai breathed her last on 19/3/1993 at 6 a. m. Her dying declaration (Ex. P-10) was recorded by the Executive magistrate G. L. Daheriya (PW5) on 18/3/93 at 9. 10 p. m. (ii) After inquest proceedings, dead body of Maya Bai was sent to the hospital for post-mortem. A panel of doctors comprising Dr. V. S. Morya and Dr. R. Garg conducted it. In their opinion, cause of Maya Bai's death was syncope due to extensive burns. They further noticed that Maya Bai was carrying pregnancy of about 8 weeks.

(3.) IN the light of the findings of the marg inquiry, SHO K. K. Verma (PW7) recorded the FIR (Ex. P-12) to register a case under section 304-B of the IPC. Upon completion of the investigation, charge sheet was filed against the appellants before the JMFC, harda who committed the case to the Court of Session for trial.