Bhupendra vs State Of Madhya Pradesh

The facts

2. Geeta Bai married Bhupendra on 7th June, 1993 and at that time her father PW-1 Bhika Ram gave dowry to Bhupendra and his family according to their means. The case of the prosecution was that Geeta Bai was harassed by Bhupendra and members of his family who demanded dowry over and above what was given to them at the time of marriage. Initially, the demand was for a she buffalo which was met by Bhika Ram. Then there was a further demand for Rs. 10,000/- in cash on 20th August, 1996. However, since Bhika Ram was unable to meet this demand, and apparently fearing the worst, Geeta Bai consumed wheat tablets on the evening of 20th August, 1996 at her matrimonial home.

3. Since Geeta Bai had taken unwell, Bhupendra took her to the District Hospital at Morena for treatment. PW-8 Dr. S.C. Aggarwal informed the Station Officer of Police Station City Kotwali at about 10.30 p.m. about the incident. Later on, Geeta Bai died at about 11.25 p.m. and intimation of this was also sent by Dr. Aggarwal to the Station Officer of Police Station City Kotwali. On the basis of the information received, a case was registered and investigations commenced by the police.

4. Separately, Bhika Ram made a complaint on 21st August, 1996 to the Superintendent of Police and to the District Magistrate at Morena that Bhupendra, his father Vrindavan and his mother Sheela Devi had caused the dowry death of Geeta Bai.

6. On these broad facts, a charge sheet was filed against the three accused persons for offences punishable under Sections 498-A and 304-B of the IPC and in the alternative for an offence punishable under Section 306 of the IPC.

7. The Sessions Judge in Sessions Trial No. 328 of 1996 pronounced judgment on 6th June, 2001. It was held, on an examination of the oral and documentary evidence, that there was nothing to doubt the correctness and veracity of the evidence given by Bhika Ram, his wife PW-2 Munni Devi, his brother-in-law PW-3 Munna Lal, the aunt of the deceased being PW-4 Urmila and Bhika Ram’s brother PW-5 Ram Narayan.

8. It was held, on the basis of their evidence, that apart from the dowry given to Bhupendra’s family at the time of marriage, there was an additional demand for dowry made by Vrindavan to give him one buffalo. This demand was met by Bhika Ram but there was a further demand on 20th August, 1996 for a sum of Rs. 10,000/- which could not be met by him.

12. On the basis of the evidence on record the Sessions Judge found Bhupendra and Vrindavan guilty of offences punishable under Section 498-A, Section 304-B and Section 306 of the IPC. However, he found that the prosecution had failed to prove that Sheela Devi had humiliated Geeta Bai or treated her with cruelty which resulted in her death within 7 years of her marriage under unnatural circumstances.

13. Feeling aggrieved, by their conviction and the sentence imposed upon them, Vrindavan and Bhupendra filed Criminal Appeal No. 344 of 2001 in the High Court of Madhya Pradesh. By judgment and order dated 26th October, 2007 the High Court upheld the conviction of Bhupendra but held that there was no clinching evidence against Vrindavan and therefore he was entitled to the benefit of doubt and consequent acquittal.

31. We therefore reject the first contention advanced by learned counsel both in law as well as on merits.

Mutual exclusivity of Sections 304-B and 306 of the IPC

Conclusion

37. We see no merit in the appeal and it is accordingly dismissed.

38. The bail bond of Bhupendra is cancelled and it is directed that he should be taken into custody to serve out the remainder of his sentence.

November 11, 2013

[2] Parikhs’s Textbook of Medical Jurisprudence and Toxicology; Fourth edition, 1985 at page 90.

[3] A wheat tablet is used by farmers for killing insects in the wheat crop and is said to be commonly found in a village house.