SANTOSH SHARMA Vs. STATE OF MP.

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 of Cr.P.C. by the sole appellant being aggrieved by judgment dated 30.11.2004 passed by the learned Seventh Additional Sessions Judge, Gwalior in Sessions Trial No.372/2002, thereby convicting and sentencing the appellant under Section 498A of the Indian Penal Code (for short 'IPC') for 03 years' rigorous imprisonment (for short 'RI') with fine of Rs.1,000/- and in default of payment of fine additional 06 months RI; under Section 304-B of IPC for 10 years' RI; and under Section 201 of IPC for 02 years' RI with fine of Rs.1,000/- and in default of payment of fine additional 06 months RI.

(2.) The prosecution story in short is that the marriage of Bhuri, daughter of Dharmveer Sharma and Smt. Shakuntala Sharma residents of village Piparsana, Police Station Gohad District Bhind was solemnized in April 2000 with Santosh @ Aditya S/o Bhuresingh Sharma and Rupali Sharma residents of village Parsen Police Station Bijoli District Gwalior on mediation of Balveer Sharma, Bhagwan Singh Sharma. Parents of Bhuri gave dowry as per their status. After one year of the marriage, Bhuri was sent to her in-laws' house after performing 'Gauna'. After 6-7 days' Bhuri came to her parents' house and informed that her in-laws are demanding motorcycle saying that less amount was given at the time of marriage and threatening her of life. Dharmaveer informed the same to the mediators to advise in-laws' family after which Bhuri went to her in-laws's house. Thereafter she visited her parent's house regularly and informed that her husband Santoh (appellant), father-in-law Bhure Singh, mother-in-law Rumali, brother-in-law Hari, Naresh son of Balveer, uncle of Santosh, etc. used to harass her on account of not giving motorcycle in dowry and she requested parents not to send her to her in-law's house without giving motorcycle to them. Again the mediators were called and after talk with family of in-laws, appellant Santosh came on 4.4.1982 to take Bhuri Bai to his house after giving assurance that she will not be harassed and there will not be any demand of motorcycle. Earlier Bhuri Bai refused to go with Santosh but after advise from family members, she went with Santosh and started living separately with Santosh.

(3.) On 27.5.2002 when cousin brother of Bhuri namely Sanjay came to take Bhuri, then Santosh told him that he himself will come to the village with Bhuri but they did not come. On 15.6.2002 also in a marriage of near relation, Bhuri did not come and when Santosh was asked about absence of Bhuri, he told that she is in Parsen. When information was sought from Village Parsen, it was told that she is with Santosh in the room situated at Siddheshwar Colony, Morar. On 18.6.2002 in the marriage of niece of Dharmveer also when Bhuri did not come, Santosh was asked about the same and he said that he is not having any information about Bhuri. On this, Dharmaveer gave information on 19.6.2002 to Police Station Morar about missing of Bhuri on which Missing Report No.44/02 (Ex.P/3) was registered.