Decided on January 29,2003

Narayan Vishwas Appellant
STATE OF M P Respondents


- (1.)THIS appeal is directed against the judgment dated 20th November, 1989, passed by the Sessions Judge, Raigarh, in Sessions Trial No. 78/89, by which the learned Sessions Judge convicted Narayan Vishwas, Sarveshwar Vishwas and Smt. Ramola Vishwas under Sections 306 & 498-A of IPC and sentenced them to undergo three years rigorous imprisonment under Section 306 of IPC and to undergo one year rigorous imprisonment under Section 498-A of IPC.
(2.)THE relevant facts for the disposal of this appeal are that on 24th March, 1989, at about 7 p.m., Dr. D.R. Patel, Primary Health Center, Dharamjaigarh, informed the Police Station: Dharamjaigarh and presented a written communication signed by Dr. R.K. Tripathi, Primary Health Centre, Dharamjaigarh, in which the doctor written that Pratima, W/o Narayan Vishwas aged about 18 years has died due to consumption of poison. On the basis of this report, the report was entered in the Rojnamcha. A Panchanama was prepared and the information was sent to the Sub Divisional Magistrate, investigation was started and the case was registered under Sections 306 & 498-A of IPC. A sample of vomiting was put into a tin and sealed. Viscera was also taken. The samples were sent for chemical examination to the Forensic Science Laboratory, Sagar (M.P.), from where the report was received that the deceased took Andosulfone (Thyodone) "Organochloro Pesticide". After completion of the investigation, the challan was filed with the allegations that the deceased - Pratima alias Kutti committed suicide by consuming poison due to the harassment meted out to her and she was abated to commit suicide and treated with cruelty by the husband and other accused persons. They use to torture her for not doing the work at the residence and for that reason the deceased - Pratima alias Kutti many times went to her father's house and complained about this fact to her father and mother. Deceased - Pratima alias Kutti went to her parent's house last time one month before the death. She was not prepared to come back to her in-laws house, but fifteen days before the date of occurrence she came back to her in-laws house after her parents persuaded her to go to in-laws house.
The learned Sessions Judge after hearing the arguments on the charge, framed the charge under Section 306 & 498-A of IPC against Narayan Vishwas, Sarveshwar Vishwas and Smt. Ramola Vishwas. All the three accused persons denied the charge and wanted the trial. The prosecution in order to prove the charge against the accused persons/appellants examined PW-1 - Krishano Kant, the father of the deceased; PW-2 - Atul Chand Madhu, the uncle of the deceased; PW-3 - Dr. R.K. Tripathi, PW-4 - Dr. Vijay Kumar Verma; PW-5 - Manmat Sutar; PW-6 - Niranjan Mandal; PW-7 - Cherkar Ram, Patwari; PW-8 - Jagdev Singh, Constable, P.S. Dharamjaigarh; PW-9 - Rajendra Prasad Tiwari, Assistant Sub Inspector; PW-10 - Aashulata, the mother of the deceased; PW-11 - Gurupad; PW-12 - Anil Kumar Madhu; PW-13 Kalidasi; PW-14 - Virendra Sharma, Sub Inspector. The statements of all the accused persons under Section 313 of Cr.P.C. were recorded by the Sessions Judge. All the three accused persons denied the allegations levelled against them and said that they never harassed the deceased - Pratima alias Kutti, nor they quarreled with the deceased.

(3.)I have heard Shri S.C. Verma, learned counsel on behalf of the accused/appellants and Miss Sharmila Singhai, Deputy Govt. Advocate on behalf of the State/respondent. Learned counsel for the appellants argued that there is no evidence on the record which goes to prove that the accused persons abetted deceased - Pratima alias Kutti to commit suicide and there is no evidence available on the record which proves that the accused persons used to treat the deceased with cruelty. On the other hand, the learned Deputy Govt. Advocate supported the judgment of the trial Court. I have perused the evidence and the record available as far as the question of committing suicide within the two years of the marriage at the in-law's agricultural filed is not disputed. The only question remains to be decided is that whether by their behaviour of cruelty the accused persons abetted the deceased to commit suicide. In this case, there is no element of demand of dowry by the accused persons. The only allegation is that accused persons used to harass and maltreat the deceased and she was not allowed to take food and she was provided with old and torn clothes and the accused persons used to quarrel with the deceased which forced deceased - Pratima alias Kutti to commit suicide.

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