Madhya Pradesh High Court
Dinesh vs The State Of Madhya Pradesh on 14 March, 2022
Author: Vivek Rusia
- : 1 :-
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
(SB: HON. Mr. JUSTICE VIVEK RUSIA)
Criminal Appeal No.121/2022
(Dinesh and another V/s. The State of M.P.)
Date:14.03.2022 INDORE :
Shri Gaurav Kumar Verma, learned counsel for the appellant-Heera
Bai.
Shri Mukesh Sharma, learned Government Advocate for the
respondent/State.
Heard on the question of admission.
Admit.
Heard on I.A. No.95/2022, first application filed under Section 389
(1) of Cr.P.C. for suspension of custodial sentence filed by appellant
-Heera Bai. She stands convicted and sentenced as under:
Section & Act Imprisonment Fine Amount Imprisonment in
lieu of default of
payment of fine
306 of the IPC, 5 years R.I. Rs. 25,000/- 6 months R.I.
498-A of the IPC, 1 years R.I. Rs. 5,000/- 3 months R.I.
2. Appellant no.1 is husband, appellant no.2 and 3 are father-in-law
and mother-in-law of the deceased-Rekhabai who consumed poisonous
substance and died.
3. As per prosecution story, the marriage of appellant no.1 and
deceased solemnized in the year 2005 thereafter, she gave birth to two
female children Gauri in the year 2012 and Ishika in the year 2014. She
was tortured by way of taunting that she is unable to deliver a male child.
On 03.07.2016 she gave poisonous substance to both the girls and
consumed herself. Thereafter, condition of all of them becomes serious
and they were taken to the hospital. Out of them, mother-Rekhabai and
Gauri died. The parents of Rekhabai made allegations that she was
tortured by the mother-in-law for not delivering a male child hence, she
consumed poison. After undergoing the entire trial vide judgment dated
23.12.2021 all the appellants were convicted under sections 306 and 498-
- : 2 :-
A of the IPC. The appellant no.1-husband convicted under section 306 of
the IPC and sentenced to undergo 7 years of R.I. with fine of Rs.60,000/-
and appellant no.2 and 3 father-in-law and mother-in-law convicted under
section 306 of the IPC and sentenced to undergo 5 years of R.I. Apart
from this under section 498-A of IPC all of them convicted for 1 year R.I.
with fine of Rs.5,000/- with default stipulation.
4. Learned counsel for the appellants submit that there are omnibus
oral allegations against her. The deceased are already delivered two
children in the year 2012 and 2014. The ingredients of section 306 of the
IPC is missing as per the Apex Court in case of Arnab Manoranjan
Goswami Vs. State of Maharashtra and Others reported in 2020 SCC
Online SC 964. The appellant was on bail during the trial and she never
misused the liberty of bail granted to her.
5. On the other hand, learned counsel for the respondent/State,
opposes the prayer for suspension of sentence by submitting that
appellants did not leave any option to the deceased but to commit suicide
along with two daughters. Since they wanted a male child therefore, they
were not giving love and affection to the female child. Therefore she
decided to commit suicide along with both the daughters. Hence, no
leinency is liable to be shown for the offence as well as to the mentality
of the appellant.
6. After delivery of two female children there is sufficient evidence
that deceased was subjected to mental torture for not delivering a male
child therefore, she has decided to commit suicide along with two
daughters. Hence, at this stage no case is made out for suspension of jail
sentence of the appellant. Accordingly, I.A. No.95/2022, is rejected.
List the appeal for final hearing in due course.
Certified copy, as per rules.
(VIVEK RUSIA)
JUDGE
Ajit/-
AJIT
Digitally signed by AJIT KAMALASANAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH
BENCH INDORE, ou=HIGH COURT OF MADHYA
PRADESH BENCH INDORE, postalCode=452001,
st=Madhya Pradesh,
KAMALASA 2.5.4.20=156c9cedca1b74d671db9f220a5e3ed6cb
a241effad892107d95ef0a1afc55b4,
pseudonym=CFDFD9C36711CA738F527A5D61A1E
E901C09EF29,
NAN
serialNumber=7F0BEE2D78BD57DA058F3247441C
87E7E0817FB61F5E2ABCAEE63CAAA7B3B9FF,
cn=AJIT KAMALASANAN
Date: 2022.03.15 15:14:35 +05'30'
