STATE OF MADHYA PRADESH Vs. RAGGI

JUDGEMENT

(1.) THE State has filed this appeal against the judgment dated 3. 8. 1991 of the learned Second Additional Sessions Judge, Tikamgarh, passed in Sessions Trial No. 107/90, by which the respondents have been acquitted of the charge under Section 4 of the Dowry Prohibition Act, 1961, and Section 306 of the Indian Penal Code.

(2.) THE respondents were prosecuted for the said offences on the ground that as a result of the demand of dowry between 5. 7. 1989 and 19. 7. 1990 and consequent harassment, the deceased Kishori, who was wife of accused Moorat Singh, was driven to commit suicide on 17. 9. 1990 at about 7. 00 p. m. in village Vasova by hanging herself. It was not disputed before the Trial Court that the deceased Kishori had been married to accused Moorat Singh about two years prior to the commission of suicide by her, accused Raggi was father-in-law, Sarjubai her mother-in-law and Gyan Singh her Jeth (husband's elder brother ). It was also not disputed that Kishori had committed suicide by hanging herself.

(3.) THE prosecution story, in brief, was that marriage of Kishori with Moorat Singh had taken place on 1. 7. 1989. At the time of departure of Barat from the house of Sitaram (P. W. 1), father of the deceased Kishori, the accused Raggi and Gyan Singh had demanded from him television, fan as also bus-fare for the Barat and on Sitaram's pleading his inability, they had expressed strong resentment. Later, on 14. 7. 1989, a letter was received by Sitaram from his son-in-law Moorat Singh, in which he was informed that a sum of Rs. 1,000/- was due towards fare for bringing Barat and when he comes to fetch his daughter, he should arrange to bring the amount along with other articles, otherwise she would not be sent back. It was alleged that Sitaram then proceeded to bring Kishori and the accused Raggi and his wife repeated the demand for dowry and on Sitaram's telling that he was not then in a position to give them the same, they had told that whenever he comes next, he should bring the articles and the cash. It is alleged that on being brought back to the house, Kishori also complained to them that the respondents were demanding dowry and harassing her. On the next occasion also when Sitaram had gone to bring back his daughter, the demand was repeated by the accused and on Sitaram's assuring that he would arrange to give them these articles soon, they had allowed Kishori to accompany him to his house. Kishori had again informed her parents that she was being ill-treated and the accused were persisting in their demand. It is alleged that about three months prior to the commission of suicide by Kishori, Kishori had sent a message through Mansingh that her father should come to fetch her, which was conveyed by Mansingh to Sitaram, but since Sitaram was busy in sowing crop, he could not go to the house of the respondents to bring her. On 18. 7. 1990, Kishori committed suicide. After holding inquest and recording statements of witnesses, on finding that Kishori had committed suicide as a result of demand of dowry by the respondents and her continuous harassment by them in persistence of the said demand, the respondents were prosecuted.