STATE OF MADHYA PRADESH Vs. KANHAIYALAL

JUDGEMENT

(1.) THE appellant/state has filed the appeal under Section 378 of the Code of Criminal Procedure against the judgment and order dated 28th February, 1997 delivered in Sessions Trial No. 271/1995 by learned First Additional Sessions Judge, Ujjain, of the acquittal of the accused respondents for the offence punishable under Section 498-A of the I. P. C.

(2.) IT is not in dispute that accused Kanhaiyalal is the father of accused Rajendra @ Rajoo and accused Rameshchandra, and accused Mangibai is his wife. That accused Kalabai is the wife of accused Rameshchandra. It is also not in dispute that the marriage of the deceased Chandabai was performed with accused Rajendra @ Rajoo in the year 1988. That Chandabai has died on account of the burns received by her in her matrimonial house on 2. 6. 1995 at about 6. 00 a. m. while she was preparing the tea on the stove of the kerosene oil.

(3.) THE prosecution case is that at the time of the marriage of Chandabai, her parents have given the dowry. That after few months of the marriage, she was harassed and tortured by accused persons for bringing more money from her parents. That few months before the birth of the child by Chandabai, the amount of Rs. 15,000. 00 was given by her parents to the accused persons. That before the death of Chandabai, they have beaten her to bring more money and to provide them the plot owned by the father of Chandabai.