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2013 DIGILAW 1391 (MP)

Anil @ Guddu Choudhary v. State of M. P.

2013-11-14

G.S.SOLANKI

body2013
JUDGMENT : G.S. Solanki, J.:-- 1. Since none is appearing on behalf of the appellants and this appeal is pending since 2007 therefore, same is being disposed of after perusing the record on merit. It is undisputed on record that appellant No. 4 Prem Bai Choudhary had died during pendency of the appeal, therefore, appeal against her stands abated. 2. Appellant No. 1 Anil @ Guddu Choudhary is husband, appellant No. 2 Santosh Choudhary is brother-in-law (Jeth) and appellant No. 3 Prem Lal Choudhary is father-in-law, of deceased Tulsabai. All of them have been convicted under Sections 498A and 304B of IPC and they have been sentenced to undergo RI for 3 years with fine of Rs. 100/- and RI for 7 years respectively vide judgment dated 9.10.2007 delivered by the First Additional Sessions Judge, Katni in Session Case No. 17/2006. Being aggrieved thereby appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure. 3. Facts, in short, giving rise to this appeal are that on 21.9.2005, appellant No. 3 Prem Lal Choudhary (father-in-law) informed at Police Station Umariya Pan that Tulsabai, wife of his son Anil @ Guddu Choudhary (Appellant No. 1), has bolted the door of a room from inside and committed suicide by burning herself. Initially matter was recorded on Rojnamcha Sanha No. 609. During inquiry, it was found that Tulsabai died when she was brought to the hospital. Thereafter a Marg No. 26/2005 under Section 174 of Cr.P.C. was registered. 4. During inquiry, it was found that appellants were demanded dowry and deceased was subjected to cruelty in connection with demand of dowry by the appellants. Tulsabai died unnatural death within seven years of her marriage, therefore offence under Sections 498A, 304B/34 of IPC read with Section 3/4 of Dowry Prohibition Act was registered against the appellants and they have been arrested. 5. After usual investigation, appellants were charge sheeted before the committal Court, who in turn committed the case to the Court of Sessions. Learned Sessions Judge made over the case to the First Additional Sessions Judge, Katni. Learned Additional Sessions Judge framed the charges under Sections 498A and 304B of IPC against the appellants. Appellants abjured the guilt and pleaded false implication. 6. On appraisal of evidence on record, appellants were convicted and sentenced as mentioned hereinabove. Hence this appeal. 7. Learned Sessions Judge made over the case to the First Additional Sessions Judge, Katni. Learned Additional Sessions Judge framed the charges under Sections 498A and 304B of IPC against the appellants. Appellants abjured the guilt and pleaded false implication. 6. On appraisal of evidence on record, appellants were convicted and sentenced as mentioned hereinabove. Hence this appeal. 7. Since despite repeated calls, none has appeared on behalf of the appellants to argue the matter, therefore, I have gone through the record and found that appellants No. 1 and 2 namely Anil @ Guddu Choudhary and Santosh Choudhary had already suffered the jail sentence awarded to them by the trial Court. 8. Learned counsel for the State has supported the impugned judgment and finding of the Trial Court. 9. Main witnesses namely Ramgopal (PW2) and Sohadri Bai (PW3), father and mother of deceased Tulsabai have made general allegations against appellant No. 3, Prem Lal Choudhary, father-in-law of deceased Tulsabai. No specific allegation in regard to cruelty was made against the appellant No. 3. It has also come on record by way of cross-examination of investigation officer, Sameer Yadav (PW7) that at the time of investigation he received a dying declaration of deceased Tulsabai. He specifically admitted that nothing was found in regard to demand of dowry in the aforesaid dying declaration. In these circumstances, trial Court committed illegality in recording the conviction against appellant No. 3, Prem Lal Choudhary. 10. As far as appellant No. 1 Anil @ Guddu Choudhary, husband and appellant No. 2 Santosh Choudhary, brother-in-law, of deceased Tulsabai is concerned, witnesses Ramgopal (PW2) and Sohadri Bai (PW3) have stated against them that they were the persons who continuously made demand of dowry and due to the continuous torture in relation to demand of dowry, deceased Tulsabai had committed suicide which was unnatural death within seven years of her marriage. In these circumstances, trial Court has not committed any illegality in recording the conviction against the appellants No. 1 and 2 under Section 498A and 304B of IPC. Same is liable to be affirmed. 11. In the result, the appeal is partly allowed. Conviction and sentence recorded against appellant No. 3, Prem Lal Choudhary is hereby set aside. He is on bail. His bail bond stands discharged. Conviction and sentence recorded against appellant No. 1 Anil @ Guddu Choudhary and appellant No. 2 Santosh Choudhary is hereby affirmed. Same is liable to be affirmed. 11. In the result, the appeal is partly allowed. Conviction and sentence recorded against appellant No. 3, Prem Lal Choudhary is hereby set aside. He is on bail. His bail bond stands discharged. Conviction and sentence recorded against appellant No. 1 Anil @ Guddu Choudhary and appellant No. 2 Santosh Choudhary is hereby affirmed. They had already suffered the jail sentence awarded to them by the trial Court. Considering the aforesaid aspect, imposition of fine amount of Rs. 100/- is hereby set aside. Record of the Trial Court be sent back immediately along with a copy of this judgment for necessary compliance. Appeal Partly Allowed.