Arijit Pasayat, J. - (1.) Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Madhya Pradesh High Court, Jabalpur. Appellant along with his mother Smt. Sumatrani faced trial for alleged commission of offence punishable under Sections 304B and 498A of the Indian Penal Code, 1860 (in short the IPC). The learned second Additional Sessions Judge, Sagar, in Sessions Case No. 125 of 1990, held the accused persons guilty and convicted each for offence punishable under Sections 304B and 498A IPC and imposed sentence of 10 years and 3 years respectively with fine of the second offence.
(2.) Dashoda Bai (hereinafter called as deceased) was the daughter of Asha Ram (PW-1) and Parvati Bai (PW-2). According to the prosecution she committed suicide by burning herself on 28.8.1989 in the house of her husband/ About 10 days before the occurrence she was blessed with a son.
(3.) Prosecution version in a nutshell is as follows: In January, 1989 Dashoda Bai came to the house of her parents and told them that now she would not go to the place of her in-laws because she was being harassed by her mother-in-law and being beaten by her husband. She had also shown the marks of the injuries to them. According to her the they were demanding a golden ring, golden chain and a fan as dowry. They were threatening that accused-appellant Hajarilal would re-marry. The parents of the deceased complained to Motilal, father of Hajarilal that their daughter was being harassed and beaten by the mother-in-law and the husband. Motilal promised that there would be no such complaint in future. On this assurance the parents of the girl sent her with Motilal. On the birth of the male child the parents of the girl sent certain gifts which have been described as "Panch". On that occasion accused Hazarilal had expressed that he was not happy with the deceased and her father should take her away. He also expressed that he does not want to keep her. On 22.9.1989 Motilal lodged the F.I.R. (Ex.P/10) at Garhakota Police Station that Dashoda Bai had sustained burn injuries. She died on account of those injuries. The accused pleaded not guilty. Their defence was that Dashoda Bai died on account of bursting of the stove. It was further stated that the father of the deceased asked Motilal to make a gift of eight acres of land in favour of the child left by the deceased and on his refusal to do so he has given a false statement to the police. ;