- (1.)The appellant has preferred the present appeal being aggrieved with the judgment dated 1.2.1997 passed by the Second Additional Sessions Judge, Jabalpur in ST No.569/1994 whereby the appellant has been convicted of offence under Section 304-B of IPC and sentenced to ten years' rigorous imprisonment.
(2.)The prosecution's case, in short, is that on 8.2.1994 deceased Noni Bai was found hanged in the house of the appellant situated at Garha, Jabalpur. The marriage of deceased Noni Bai took place with the appellant in the year 1988. After her death, her dead body was sent for the postmortem. Dr.D.K.Sakalle (PW-8) performed the postmortem on her body and gave a report Ex.P-8. He found that she died due to hanging. After her death, her parents and relatives have stated that initially at the time of marriage of the deceased Noni Bai and the appellant a cash of Rs.25,000/- and some golden ornaments were given to the appellant. Deceased Noni Bai was kept with comfort in first two years and thereafter they started harassing her for demand of cash of Rs.20,000/- and one Yamaha motorcycle. When deceased Noni Bai came to the house of her parents, she informed about that demand. Ten days after that incident, when the appellant came to take his wife from the house of her parents, then the appellant had demanded a motorcycle from his father-in-law. After eight months of the incident, Noni Bai went to her father's house all alone with the intimation that she was ousted from the house because of dowry demand and harassment. For six months, Noni Bai resided in the house of her parents and the appellant did not visit to take her back. Again Noni Bai was sent to the house of the appellant along with her brother Suresh Kumar, but she was sent back because she could not take the motorcycle or cash of Rs.20,000/-. Her son was already taken by the parents of the appellant. Thereafter father of deceased Noni Bai called a Panchayat of the community and it was decided that the deceased shall be kept by the appellant. A few days thereafter the incident of hanging occurred. After due investigation, a charge sheet was filed before the JMFC Jabalpur, who committed the case to the Court of Sessions and ultimately it was transferred to the Second Additional Sessions Judge, Jabalpur.
(3.)The appellant-accused abjured his guilt. He took a plea that the deceased was kept with comfort. She herself was not staying in the house of the appellant on due to her own whim. There was no demand of dowry or any consequential harassment done by the appellant or his family members. It was also stated by the appellant that since Noni Bai was suffering from severe abdomenal pain and therefore she committed suicide due to that pain. In defence Saligram Chouksey (DW-1), Mohanlal (DW-2), Dr. Sheela Agrawal (DW-3) and Chokhelal Sahu (DW-4) were examined.