IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA ON THE 11TH DAY OF SEPTEMBER, 2023 CRIMINAL APPEAL No. 136 of 1999 BETWEEN:-

1. LALIT KUMAR S/O KANHAIYALAL AGED ABOUT 30 YEARS, ELECTRIC SHOP R/O 101, LAXMIBAI ROAD JAORA, DISTRICT RATLAM (MADHYA PRADESH)

2. KANHAIYALAL S/O JADAWCHAND AGED ABOUT 60 YEARS, OCCUPATION : SERVICE (DEAD)

R/O 101, LAXMIBAI ROAD JAORA, DISTRICT RATLAM (MADHYA PRADESH)

3. ASHOK @ YESHWANT KUMAR JAIN S/O KANHAIYALAL AGED ABOUT 27 YEARS, OCCUPATION: NONE R/O 101, LAXMIBAI ROAD JAORA DISTRICT RATLAM (MADHYA PRADESH)

.....APPELLANTS (MS. SEEMA SHARMA, ADVOCATE FOR THE APPELLANTS)

AND THE STATE OF MADHYA PRADESH THROUGH STATION HOUSE OFFICER POLICE STATION JAORA SHAHAR JAORA, DISTRICT RATLAM (MADHYA PRADESH)

.....RESPONDENT/STATE (SHRI VISHAL SANOTHIYA, GOVERNMENT ADVOCATE FOR THE STATE)

Reserved on : 02.08.2023 Pronounced on : 11.09.2023 ------------------------------------------------------------------------------------

This appeal having been heard and reserved for judgement, coming on for pronouncement this day, Hon'ble Shri Prakash Chandra Gupta pronounced the following:

J U D G E M E N T

This appeal has been filed by the appellants/accused persons u/S

374 (2) of the Code Of Criminal Procedure, 1973, being aggrieved by the judgement of conviction and order of sentence dated 20.01.1999 passed by the Additional Sessions Judge, Jaora, District Ratlam in S.T. No.59/1994, whereby learned Trial Court has convicted the appellants u/S 498-A and 304-B of IPC and sentenced each of them to undergo RI for 02 years and RI for 10 years with fine of Rs.500/- and Rs.1,000/- each with default stipulations of RI for 02 months and RI for 04 months respectively. Both the sentences are to run concurrently.

2. During pending of this appeal, appellant No.2 – Kanhaiyalal has died on 25.08.2007 therefore, appeal against him has been abated.

3. It is an admitted fact that the appellants - Lalit Kumar and Ashok @ Yeshwant Kumar Jain are real brothers and they are sons of Kanhaiyalal. The appellants are residents of Laxmibai Road, Jaora, District Ratlam. Kanakmal (PW-1) and Shantibai (PW-2) are parents and Prakash (PW-3) is brother of deceased Jyoti @ Sangeeta. The deceased Arun was son of deceased Jyoti. Parents and brother of the deceased are residents of village Jhutawad, Police Station Mahidpur Road, District Ratlam. It is also an admitted fact by the appellants that marriage of deceased Jyoti was solemnized on 15.05.1990 with co-accused Lalit Kumar and from the wedlock of deceased Jyoti and her husband, 2 sons namely, Tarun and Arun were born. The appellants had received a legal notice (Ex.P/5) which was sent by Advocate Pushpendra (PW-5) on behalf of deceased Jyoti and the appellants had sent the reply (Ex.P/6) of the aforementioned legal notice. It is also an undisputed fact that on 18.01.1994 at around 03:40 PM, the deceased Jyoti and her son Arun aged around 2 years had died in the house of appellants by being burnt.

4. Prosecution story in brief is that after the marriage, the deceased Jyoti used to live in her matrimonial home alongwith the appellants. After one year, the appellants started to demand Rs.5,000/- cash and gold ornaments as dowry. Parents of the deceased were unable to fulfill the demands of dowry, therefore, the accused persons used to abuse and assault the deceased. The deceased had shared about the same to her parents several times but they were incapable to give dowry. Due to this, the deceased had filed a written complaint (Ex.P/7) on 19.08.1991 to the SHO, Police Station Mahidpur and she also had sent a legal notice (Ex.P/5) through her Advocate to the appellants. Being aggrieved by the behaviour and torture by her in-laws, she started living in her maternal home. During this, son of deceased Arun was born at her maternal house only. In 1992 near Diwali Festival, in-laws of the deceased had assured that they would not bother the deceased, after which the deceased was