SHYAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) CHALLENGE is to the judgment dated 10. 12. 2004 passed by Additional Sessions Judge, Multai in S. T. No. 17/04, whereby the appellants Shaym Singh, Natthu Singh and Devki bai have been convicted under Sections 304-B/34 and 498-A of the IPC and under Section 4 of Dowry Prohibition Act, 1961 and sentenced to undergo for ten years Rigorous Imprisonment and fined Rs. 1,000/- in default three months Rigorous Imprisonment and two years Rigorous Imprisonment with fine of Rs. 500/- in default three months Rigorous Imprisonment and three months rigorous Imprisonment respectively.

(2.) THE admitted facts of the case are that marriage of the deceased Ranjna Bai was solemnized on 11. 6. 2003 with the appellant No. 1 Shyam Singh. Ranjna died on 21. 11. 2003 by drowning in well. Her death is caused within seven years of her marriage under otherwise then normal circumstances and the appellant No. 2 Natthu Singh is father-in-law and the appellant no. 3 Devki Bai is mother-in-law of the deceased Ranjna Bai.

(3.) THE case of the prosecution in a nutshell is that after marriage, the appellants demanded Rs. 20,000/- and motorcycle in dowry. Due to non-fulfillment of demand of dowry, the appellants harassed and subjected Ranjna to cruelty. On 21. 11. 2003 at 7:30 a. m. , Ranjna went to answer the call of nature but she did not return. The appellant Shyam Singh lodged report (Ex. P/10-C ). On search the dead body of Ranjna was found in a well situate in village. Dr. P. K. Tiwari (PW-12) conducted postmortem of Ranjana and found ten ante mortem injuries on her person. Ranjna died due to asphyxia due to drowning. The father of the deceased filed a typed complaint Ex. P/5 to S. D. O. Police Betul. After merg inquiry, case was registered against the appellants. Statement of witnesses were recorded under Section 161 Cr. P. C. . After completion of investigation, the appellants were charge sheeted. Case was committed to the Court of sessions for trial.