REVATIBAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal filed under Section 374(2) of the Code of Criminal Procedure(Cr.P.C.) is directed against the judgment dated 07.07.1994 passed in Sessions Trial No.145/1993 by learned First Additional Sessions Judge, Shahdol. The particulars of the offences and sentence imposed upon the appellants are as under:

(2.) Draped in brevity, the case of prosecution is that in the year 1990, marriage of deceased Uma Bai was solemnized with accused Shankardayal (appellant No.3). Uma Bai had studied upto Class IV. After marriage, she remained in the house of in-laws for about six months and; thereafter, whenever she came to her parental house, she informed that her mother-in-law does not provide her food and water. They do not permit her to meet her husband Shankardayal and made her to sleep outside the house. The mother-in-law and brother-in-law used to assault her. Ramdayal (appellant No.2) twice visited the parents of Uma Bai and demanded Rs.25,000/- on the pretext that he does not have any source of livelihood. Shankardayal once visited inlaws house and demanded certain materials. Around one and half year before the date of incident, Uma Bai was taken to her parental house by mother-in-law Revatibai because of demand of money was not fulfilled by the parents of Uma Bai. The altercations during this visit were heard by neighbourer Domari Kumhar and Patia Kumhar. They also noticed the burning marks on the face of Uma Bai.

(3.) Uma Bai informed her parents that all the accused used to beat her for demand of money. They called her insane, made to sit in front of "Lobhan Dhuni". She was not permitted even to meet with the neighbourers. The father-in-law of his Uma Bai, died after the marriage. After getting this information of death, brother of Uma Bai, Harkishan had taken Uma Bai to her in-laws' house alongwith one Gendlal. Uma Bai informed Gendlal also about the demand of Rs.25,000/- by accused persons and their act of beating as stated hereinabove. Revatibai demanded Rs.25,000/- in front of Harkishan and stated that if he is not ready with the said amount, he may take back Uma Bai to her parental house. Upon receiving assurance from Harkishan that demanded amount shall be paid before the festival of Rakshabandhan, accused persons permitted Uma Bai to stay with them. Uma Bai died on 20.07.1993. Her body was found hanging with a sari/dhoti. Revatibai called Ramdayal and neighbourers. Accused Shankardayal on the said date went to Garasarai at around 8.00 a.m. Ramdayal informed Police Station, Karanpathar about the incident of hanging of Uma Bai. In turn, marg intimation Exhibit P/1 was recorded. Sub Inspector Saleem Tigga (PW/16) visited the spot on the same date and; in the presence of witnesses, the dead body of Uma Bai was removed from hanging position and was taken for medical examination. Upon receiving information, brother of Uma Bai, Govind Prasad Chouksey(PW/5) lodged a written report dated 23.07.1993 to Police Station Incharge Benibari. After recording statements of witnesses under Section 174 on 29.07.1993, Crime No.42/93 was registered alleging offences under Section 302/201 IPC against the accused persons. As per prosecution story, Uma Bai sent two letters from in-laws house to parental house. Accused Ramdayal also wrote a letter to his in-laws. These three letters were seized from Ramkishan by police on 13.08.1993. The accused persons were arrested. The viscera of deceased was sent for chemical examination. After completion of investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class, Rajendragram and; in turn, it was committed to the Court of Session for trial.