MOTI LAL versus STATE OF M.P. (NOW CHHATTISGARH)

Citation: [2004] 1 S.C.R. 854 · Decided: 20-01-2004 · Supreme Court of India · Bench: DORAISWAMY RAJU · Disposal: Dismissed

Judgment (excerpt)

A 
B 
MOTi LAL 
v. 
STATE OF M.P. (NOW CHHATTISGARH) 
JANUARY 20, 2004 
[DORAISWAMY RAJU AND S.B. SINHA, JJ.] 
Code of Criminal Procedure, 1973; Section 235(2)/Penal Code, 1860; 
Section 306 rlw Section 34 and Section 498A/Constitution of India, 1950; 
C 
Article 136: 
Husband having illicit relationship with his relative and harassing wife 
for demand of dowry-Wife committed suicide-Trial Court fo11nd acc11sed 
guilty under Sections 498 and 306 rlw Section 34 /PC, and convicted and 
sentenced him accordingly-Affirmed by the High Court--On appeal, Held: 
D Both the Courts below had independently considered the material on record-
Case of the prosecution for demand of dowry and harassment of the deceased 
thereto fully substantiated-In view of serious nature of the offence, quantum 
of sentence cannot be said to be on the higher side-No infirmity to warrant 
interference under Article 136 of the Constitution. 
E 
F 
Code of Criminal Procedure; 1933; Section 235 (2): 
Sentencing-Non compliance with the provisions-Accused not seeking 
adjournment/grant of time for making submission on the sentence before the 
Courts below-Hence, cannot allege non-compliance of the provisions. 
According to the prosecution, accused No.I-appellant had been 
harassing his wife for demand of dowry and was having illicit relationship 
with his sister-in-law/accused No.2. The ill-treatment and harassment 
continued unabated despite his in-laws meeting his demands. Ultimately, 
she consumed pesticide poison and died. Post mortem examination was 
G done and, on completion of investigation by the Police, charge sheet was 
submitted. Trial Court found accused No.I guilty of the offences under 
Section 306 r/w Section 34 IPC and Section 498-A IPC, and convicted and 
sentenced him accordingly. However, it acquitted accused No.2. High 
Court affirmed the conviction and sentence. Hence the present appeal. 
H 
854 
MOTi LAL v. STATE OF M.P. (NOW CHHATTISGARH) 
855 
"" 
It was contende!f for the appellant that the material on record was A 
not sufficient to prove the guilt of the appellant; that the deceased 
consumed poison to commit suicide on her own, owing to suffering from 
stomach pain; and that the provisions of Section 235(2) Cr.P.C. have not 
been complied with. 
Dismissing the appeal, the Court 
HELD: I. I. The grievance sought to be made on the alleged non-
compliance with the provisions in Section 235(2) Cr.P.C., does not merit 
countenance. 1858-F) 
B 
Narpa/ Singh and Ors. v. State of Haryana, AIR (1977) SC 1066 and C 
Ramdeo Chauhan alias Rajnath v. State of Assam, 120011 5 SCC 714, relied 
on. 
Santa Singh v. State of Punjab, [1976) 4 SCC 190, distinguished. 
1.2. The order of the Trial Court would disclose that the verdict of D 
guilt was pronounced and after hearing the accused the order sentencing 
the appellant was separately passed on the same day. It is not the case of 
the appellant that he sought for an adjournment or grant of further time 
for making submission on the sentence and it was refused. No grievance 
in that behalf by the appellant appears or shown to have been made before E 
the High Court either in the memorandum of appeal or at the time of 
argument. Hence the appellant cannot make any legitimate grievance at 
any rate on the alleged non-compliance with Section 235(2) Cr.P.C. 
[859-E-H[ 
1.3. Both the Courts below have undertaken an independent F 
consideration of the materials on record in the light of the contentions 
urged on behalf of the appellant and yet found the prosecution case fully 
substantiated on the basis of concrete and relevant materials brought on 
record. The defence plea as to want of sufficient proof for demand of 
additional dowry and harassment on that account and as to the appellant 
being in possession of sufficient resources in Bank have been considered G 
elaborately and found rejected for valid and relevant reasons supported 
by concrete materials produced. The ample materials on record 
" 
overwhelmingly support the factual findings concurrently recorded by 
both the Courts below and they are not shown to be vitiated for any 
infirmity whatsoever to call for or justify the interference of this Court H 
856 
SUPREME COURT REPORTS 
[2004) I S.C.R. 
A iri the appc~al filed under Article 136 of the Constitution of India: Keeping 
in view the serious nature of the offences, the quantum of sentence also 
cannot be said to be on the higher side, for showing any further leniency. 
[860-A-E) 
CR

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