HARI NARAYAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved by the impugned judgment dated 27.05.2015, delivered by the learned Second Additional Sessions Judge, Sagar, in Sessions Trial No.350/2013; whereby, appellant Hari Narayan has been convicted under Sections 306 and 498-A of IPC and sentenced to undergo seven years rigorous imprisonment with fine of Rs.500/- and two years rigorous imprisonment with fine of Rs.300/-, respectively with default stipulations. Similarly, appellant Udaybhan has been convicted under Sections 306 and 498-A of IPC and sentenced to undergo three years rigorous imprisonment with fine of Rs.500/- and one year rigorous imprisonment with fine of Rs.300/-, respectively with default stipulations.

(2.) In brief the relevant facts of the case are that appellant no.1 Hari Narayan and appellant no.2 Udaybhan are the husband and father-in-law of the deceased. The marriage of appellant no.1 Hari Narayan was solemnized with Archana (since deceased) on 09.12.2012. In the marriage ceremony Archana's father Komal Prajapati (PW-1) has given sufficient dowry to the appellants. Just after solemnization of marriage, the appellants have started cruel behavior with Archana on account of bringing less dowry. On 10.04.2013 also appellant no.1 Hari Narayan has demanded dowry, committed cruelty when he visited the house of deceased Archana, when she was residing in her Peehar. Fed up with the persistent cruelty, harassment and demand of dowry, Archana has committed suicide on 11.04.2013 in her matrimonial house. A marg intimation was lodged in the Police Station Rahatgarh, District Sagar. During the course of marg enquiry, statements of mother, father and other family members of the deceased were recorded. On the basis of aforesaid statements, it was found that deceased Archana was subjected to cruelty and harassment by the appellants, who are the husband and father-in-law with a view to coercing her to meet unlawful demand of gold ring, sofa set, Box Bed ( Palang Peti) and pedestal of swing machine, fed up with persistent harassment deceased Archana committed suicide by hanging herself in her matrimonial house within seven years of her marriage and just before commission of suicide she was subjected to cruelty and harassment by the appellants. On that basis, Crime No.194/2013 for the offences punishable under Section 304-B, 498-A and 34 of IPC and Section 3/4 of Dowry Prohibition Act have been registered against them at Police Station Rahatgarh, District Sagar. Charge-sheet has been filed before the Court.

(3.) During trial appellants were charged with offence punishable under Sections 498-A and 304-B in alternate 306 of IPC. The appellants abjured their guilt and pleaded innocence. In defence appellants stated that they have never made any demand of dowry and have never subjected the deceased Archana with cruelty and harassment. On behalf of appellants one witness Mani Prasad (DW-1) was examined before the trial Court.