SHIV CHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) of CrPC against the judgment dated 10.04.2013 passed by Second Additional Sessions Judge, Seoni in Sessions Trial No.27/2012, whereby learned Sessions Judge found the appellants guilty for the offence punishable under Sections 304B / 34 , 498A / 34 of the IPC and Section 4 of the Dowry Prohibition Act and sentenced each of them to undergo ten years rigorous imprisonment, one year rigorous imprisonment and fine of Rs. 500/- and 6 months rigorous imprisonment and fine of Rs.500/- respectively with default stipulations.

(2.) It is undisputed that appellant No.1- Shiv Charan was the husband of the deceased Pramila @ Suman and appellant No.2- Smt. Teeran Bai was the mother-in-law of the deceased. The marriage of the deceased Pramila @ Suman was solemnized with appellant No.1- Shiv Charan on 24.06.2007 thereafter she resided with the appellants and died on 30.09.2011.

(3.) As per prosecution case, after marriage deceased Pramila @ Suman resided with the appellants but the behaviour of the appellants was not good with her. They told her that her parents did not give adequate dowry and asked her to bring one motorcycle and Rs. 25,000/- cash from her parents. When deceased Pramila returned back from her matrimonial house to her parental house she told her parents about the demand of appellants. But her parents were not able to fulfill the demand of appellants, so they sent her back again to her matrimonial home without fulfilling the demand. After two years of her marriage appellant No.1- Shivcharan came to the parental house of deceased Pramila and told her father that he needed some money for repairing his house. At that time father of the deceased Suman namely Bhagchand Chaudhary (PW-1) gave him Rs. 15,000/- but because he could not fulfill the demand of appellants regarding one motorcycle and Rs. 25,000/- appellant Shiv Charan used to assault the deceased Pramila and he did not give him proper food and harassed her physically and mentally. Due to which Bhagchand Chaudhary, father of the deceased, gave Rs. 15,000/- to appellant Shiv Charan but after some time, Shiv Charan again came to Bhagchand Chaudhary and told that he needed money for buying two motor pumps. At that time Bhagchand again gave him Rs.7,000/- for buying a motor pump. Two years prior to the death of the deceased Pramila @ Suman appellant Shiv Charan again assaulted her. When Bhagchand came to know this, he went to appellant's house to see her daughter where her daughter Pramila informed him that appellant Shiv Charan demanded money for a motorcycle and since he could not fulfill his demand, appellant Shiv Charan assaulted her. On that Bhagchand sent his son Dhaal Singh (PW/3) to take Pramila @ Suman back to her parental home at Salekhurd. At that time Pramila @ Suman lived with her parents for 15 to 20 days. This time also Pramila @ Suman told Bhagchand and her family members that appellants Shivcharan and Teeran Bai demanded money and motorcycle for which they used to assault her and also taunted her. After 15 to 20 days, appellant Shiv Charan again came to Pramila @ Suman's parental house to take her back in her matrimonial house. At that time he promised Pramila's parents to not harass her in future for dowry. On that deceased's parents sent her along with appellant Shiv Charan to her matrimonial house. Later Pramila gave birth to one daughter who died in the hospital at the time of delivery. Thereafter, Pramila got treatment in her parental house. Sometime later Pramila again gave birth to one daughter. On 29/09/2011 Dhaal Singh, brother of the deceased Pramila took her from her matrimonial house to her parental house. On the following day, appellant Shiv Charan came to Pramila's parental house and told that there was a function in the house of her maternal aunt and took Pramila with him. At that time also appellant Shiv Charan demanded Rs. 25,000/-. On that, Bhag Chand gave him Rs. 10,000/- and sent Pramila along with him. Appellant Shiv Charan told him that if he did not give him the remaining amount until evening, he would see them and thereafter on the very same day i.e. 30.09.2011 in the night at around 11 pm, the parents of the deceased were informed that Pramila @ Suman died due to falling in the well. On that Bhag Chand, father of the deceased and Dhaal Singh brother of the deceased went to her matrimonial house where they saw Pramila's dead body lying in the well situated behind the house of appellant Shiv Charan. On the death of deceased Pramila @ Suman, appellant Shiv Charan lodged the merg intimation report (Ex.P/16) at P.S. Aari, District Seoni to the effect that his marriage was solemnized with Pramila @ Suman in the year 2007. On 30.09.2011 he took Pramila @ Suman from her parental house and reached the village Kaathi at 6 pm. Thereafter, he went for irrigating his field and when he came back from his field at 9 pm, he found that Pramila was not at home and her dead body was found in the well situated behind his house. On that police registered Merg No. 29/2011 under Section 174 of Cr.P.C. and enquired into the matter. During inquiry Navin Kumar Jain, Sub-Inspector (PW/19) went to the spot and prepared the spot map (Ex.P-3). Enquest report of Pramila's dead body (Ex.P-2) was also prepared by Jyoti Bhalavi (PW/14). Thereafter her dead body was sent for postmortem to District Hospital, Barghat where Dr S.S. Kakodia (PW/15) conducted autopsy and gave the report (Ex.P/13) to the effect that deceased Pramila died due to drowning. In the merg inquiry, it was found that deceased Pramila died due to drowning in suspicious circumstances and appellants demanded dowry and used to harass the deceased Pramila @ Suman.