BASANTI BAI Vs. THE STATE OF MADHYA PRADESH
LAWS(MPH)-2018-1-504
HIGH COURT OF MADHYA PRADESH
Decided on January 27,2018

BASANTI BAI Appellant
VERSUS
The State of Madhya Pradesh Respondents

JUDGEMENT

ATUL SREEDHARAN,J. - (1.)The appellants have been tried and convicted for the offence under section 304-B of IPC and sentenced to suffer 7 years of rigorous imprisonment, under section 498-A of IPC for 3 years rigorous imprisonment and fine of Rs. 1000/- and in default of payment of fine, an additional 2 months rigorous imprisonment. They have also been convicted under section 4 of the Dowry Prohibition Act and sentenced to suffer 6 months rigorous imprisonment and fine of Rs. 1000/- and in default of payment of fine, an additional 2 months rigorous imprisonment. During the pendency of the appeal, the appellant nos.1 and 3 were granted the benefit of suspension. The appellant no.2 moved 8 applications for suspension, they were all rejected and he has completed his sentence.
(2.)The brief facts relating to the case are as follows. The deceased Sushila Bai was married to the appellant no.2- Sachita Nand on 19.04.2000 at his native village in Bihar and after marriage she came to the matrimonial home of the appellant in Sanjay Nagar, Yadav Colony, Jabalpur.
(3.)The allegations against the appellants herein are that they tortured the deceased physically and mentally in order to compel her to meet their demand for a motorcycle in dowry on account of which, the deceased committed suicide at the house of her in-laws at Jabalpur in the intervening night between 31.07.2001 to 01.08.2001 by setting herself on fire after sprinkling kerosene oil on her body. The appellant no.2 lodged the report at the Yadav Colony Police Chowki at Police Station-Lordganj, Jabapur and Crime No. 382/2001 was registered at Lordganj-Police Station against all the appellants along with Smt. Anju Gupta (Sister of appellant no.2), under the aforesaid provisions. Post investigation, charge-sheet was filed against all of them and the case was committed to the Court of Sessions. After the trial, the appellants herein were sentenced as above and accused Smt. Anju Gupta was acquitted.


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