JUDGMENT

Lokeshwar Singh Panta, J.

1. Appellants have filed this appeal against the judgment dated the 23rd June, 2000 passed by a learned Single Judge of the High Court of Madhya Pradesh at Jabalpur, confirming the conviction and sentence of 7 years R.I. imposed upon each of the appellants in respect of offences punishable under Section 306 of the Indian Penal Code [for short IPC ] and 6 months R.I., each under Section 4 of the Dowry Prohibition Act, 1961 and fine of Rs. 5,000/- each with default stipulation for 6 months R.I., awarded by the learned Third Additional Sessions Judge, District Sagar dated 29th August, 1989 in Criminal Case No. 517/82.

2. Brief facts, which led to the trial of the appellants, are as follows:-

3. Arvind Kumar accused No.1 is the son of Prem Bai @ Gulabrani accused No.2. On April 26, 1982 Arvind Kumar married Sadhna, daughter of Bhag Chand (P.W.9) and sister of Sudarshan Kumar Jain (P.W. 5). After the marriage of Sadhna, the accused started harassing and humiliating her for not bringing adequate dowry articles. Prosecution alleged that on 29th June, 1982 both the accused demanded one table fan, one automatic watch and one almirah from Sadhna. The demand of the articles was again repeated on 2nd July, 1982. Sadhna was unable to satisfy the persistent demand of the accused. She was constantly tortured and harassed by the accused and as a result thereof Sadhna committed suicide by pouring kerosene oil on her person and setting her body on fire on 2nd July, 1982. The incident of suicide had taken place after one month and seven days of the marriage of the deceased Sadhna with Arvind Kumar accused. On 3rd July, 1982, the crime report (Ex. P-10) of the death of Sadhna was reported by Santosh Kumar (P.W. 7), brother of Arvind Kumar accused, to the Police at Check Post Barha, Police Station Banda. After receiving the report and preparing First Information Report, P.W. 12 Rameshwar Prasad, Head Constable went to the place of incident and held the necessary Panchnama like seizure of certain articles found near the scene of offence, got the spot map (Ex. P-11) prepared from Ram Sewak Khare, Patwari. The dead body of Sadhna was sent for post mortem to District Hospital, Khargaon. After recording the statements of the material witnesses and after receipt of post mortem report Ex. P-16 of Dr. J.C. Jain, Medical Officer, District Hospital Khargaon (P.W. 14) and letter (Ex. P-14) of the District Magistrate granting sanction of prosecution of the accused for an offence under Section 4 of the Dowry Prohibition Act, 1961, charge sheet was filed against the accused for offences punishable under Section 306 IPC and under Section 4 of the Dowry Prohibition Act.

4. The Prosecution examined as many as 14 witnesses in support of its version. In their statements recorded under Section 313 of the Code of Criminal Procedure, the accused denied their involvement in the crime. Arvind Kumar accused stated that Sadhna committed suicide on her own by pouring kerosene oil on her body because she was mentally disturbed. He stated that he is innocent and has been falsely implicated in the present case. Smt. Prem Bai accused stated that she used to treat her daughter-in-law (Sadhna) very affectionately and she had never demanded any dowry article from the brother or the father of the deceased. The accused examined Mohanlal Pathak (D.W. 1) and Chandra Kumar (D.W. 2) in their defence. Both these witnesses stated that Sadhna was a simple girl but was mentally disturbed.

5. Initially both the accused were acquitted on 27th September, 1983 by the Additional Sessions Judge, Sagar. The appeal filed by the State against the acquittal order came to be allowed by the High Court. The High Court directed the Trial Court to record further evidence in the case. The Trial Court after considering the evidence on record, recorded conviction and awarded sentence as aforesaid. The High Court on reappraisal and re-appreciation