- (1.)This is the appeal of the two accused Harish Chandra and Rajendra, who on their conviction under S.306 of the I.P.C. have each been sentenced to three years' R.I.
(2.)The appellants-accused Harishchandra and Rajendra are brothers, the latter being younger in age. Mst. Minabai (now deceased), who was the daughter of P.W. 2 Bhikamchand and P.W. 6 Mst. Bhagwati, resident of village Bhategaon, had been married to Rajendra on 20-2-1981. Mst. Minabai had been living with her husband, her in-laws and other members of the family on the second floor of their house situate in Morai Mohalla Indore, and some tenants including P.W. 4 Satishkumar were occupants of other floors of the house. On 17-10-1982, Mst. Mina was found dead in her room of the second floor of the house with hundred per cent burns. Tenants and others were the first to discover this fact; and the appellants-accused who were away from the house at the relevant time had reached the place just some time after.
(3.)The case of the prosecution, in brief, was that after the marriage, the appellants-accused and the deceased's in-laws used to often harass Mst. Mina due to insufficient dowry, received by them, in the marriage. Deceased's father Bhikamchand had given Rs. 5000/- to his son-in-law viz. the appellant-accused Rajendra, just before he had gone abroad. On his return from the foreign trip, the appellants-accused had demanded Rs. 5000/- for purchase of a T.V. set, with the threat, that, in case the amount was not paid, Mst. Mina would not be seen alive. Mst. Mina, now deceased, had also written a letter to her parents to fulfil their such demand. This demand was, however, never fulfilled, and consequently, came the end of Mst. Mina, who burnt herself to death in the house of her 'in-laws'. P.W. 12 Kushwaha, Officer of Police Station Chhoti Gwaltoli, on learning of the incident at about 11-30 a.m. on 17-10-1982, has rushed to the place, had prepared the last panchnama of the deceased (Ex.P/4), had made the seizure of the articles found at the place and had then got the post-mortem done. During investigation, some letters were seized.