Research › Browse › Judgment

Madhya Pradesh High Court · body

1994 DIGILAW 857 (MP)

Rewaram v. State of M. P.

1994-11-26

R.P.AWASTHY

body1994
JUDGMENT This is an appeal against the finding of holding the accused/appellants guilty for committing offences punishable u/s. 498-A and 306 IPC. Appellant No.1 has been sentenced to undergo R.I for 3 years and 6 years, while appellant No.2 has been sentenced to undergo R.I. for 3 years and 3 years respectively on both the counts referred above. The prosecution Case is that Shobhabai (since deceased) was married with appellant no. 1 Rewaram on 11.5.87. On account of demand of dowery of Rs. 5,000/- she was being subjected to cuelty. On 17.8.88 at village Mayawadi at about 3.46 am., Shobhabai committed suicide by pouring kerosene oil on hereself and putting a burning match-stick on her clothes. Report regarding the incident was lodged by Rewaram which Was recorded in Sanha. Inquest was made and Shabhabai was sent for conducting post mortem on her dead body. Dr. G. P. Gupta (PW 6) while conducting the autoi1sy on the dead-body, found that smell of kerosene oil was present on the dead body. The said post mortem report was not disputed and was admitted by the accused, when Dr. G.P. Gupta appeared as a witness and proved the said document. On framing and explaining the charges for commission of the offences referred above, the accused denied the said allegations and pleaded not guilty. After recording evidence the trial Court held the appellants guilty and sentenced them as detailed above. The defence of the accused is that Shobhabai met with accidental death when she gone to ease herself in the backyard of the house. From the medical evidence available on record, it is fully established that Shobhabai met with a suicidal death. She died with in a period of 2 years after her marriage. From the testimony given by Ghasiram and Ramji read with the contents of the letters (Ex. P-3 and Ex. P-4) alleged to have been written by accused Rewaram, coupled with the contents of the FIR lodged by Ghnsiram who is father of the deceased, it is established that Shobhabai was subjected of cruelty by Rewaram on account of which, she committed suicide by burning herself wthin 2 years of her marriage. Consequently the appeal filed by accused Rewaram is disallowed. However, there is no specific and definite evidence to indicate that appellant No.2. Khimiyabai was also subjecting the deceased with cruelty. Consequently the appeal filed by accused Rewaram is disallowed. However, there is no specific and definite evidence to indicate that appellant No.2. Khimiyabai was also subjecting the deceased with cruelty. There is no such corroborating evidence available on record as is available in the case against Rewaram in the shape of letters written by him, against Smt. Khimiyabai Consequently, it would not be safe to hold her guilty and hence the appeal of Khimiyabai is allowed and it is held that it could not be proved beyond reasonable doubt that Khimiyabai also subjected Smt Shobhabai with cruelty. Thus, the appeal succeeds partially. The appeal of Rewarm is disallowed in totality and finding given and sentence awarded by the trial Court is maintained and confirmed. However, being given benefit of doubt, Smt. Khimiyabai is held not guilty and is acquitted of the charge framed against her.