SHYAM SUNDER Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellants have been convicted for an offence under Section 306 Indian Penal Code and sentenced to three years' rigorous imprisonment and a fine of Rs. 1,000/ - each and in default of payment of fine to undergo six months' simple imprisonment, by the Vth Additional Sessions Judge, Morena in Sessions Trial No. 13/1986.

(2.) LEARNED counsel for the appellants submitted that the ingredients of section 306 Indian Penal Code are not proved against the appellants. The abetment of offence is denied in section 107 Indian Penal Code. Therefore, the conviction of the appellants is bad in law.

(3.) IN the evidence PW 1, Radheshyam, brother of the deceased has categorically stated that there was perpetual demand of dowry immediately at the marriage. In the cross -examination, the witness had denied that Rs. 2,600/ - have been paid to the appellants. Since the death occurred after seven years of marriage, therefore, the offence under section 306 Indian Penal Code was registered against the appellants.