INDERPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellant was charged and tried for the offence under section 306 of the Indian Penal Code. The trial Court convicted him and sentenced him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000. 00 (in default of which he was to undergo imprisonment for 3 months). The High court while dealing with his appeal found that the offence under Section 306, Indian Penal Code was not made out as it could not be held that death of the deceased was due to commission of suicide. Nonetheless, the High Court proceeded to consider whether any other offence has been made out and ultimately found that appellant is guilty of the offence under Section 498a of the Indian Penal Code. He was convicted there-under and was sentenced to undergo rigorous imprisonment for 3 years. The said judgment of the High Court is now under challenge before us by special leave.

(2.) Facts of the case are as under : appellant was the husband of damyanti. Their marriage was solemnised on 2/06/1990. The matrimonial life was short lived as she died of bums on 16/11/1990. Appellant informed the police on 14/11/1990 that his wife suffered burn injuries. Subsequently, father of the deceased and other kith and kin of Damyanti complained to the investigating officers that her death could have been under circumstances which could create suspicion against the appellant. Police investigated in that direction and finally police charge-sheeted the appellant for the offence under Section 306, Indian Penal Code.

(3.) Learned counsel adopted a twin contention. One is that there was no evidence, on which a conclusion can be made that appellant subjected Damyanti to cruelty as envisaged under Section 498a, indian Penal Code. Second is when no charge under section 498a, Indian Penal Code was framed against the appellant it was not open to the High Court, after holding that the offence under Section 306, Indian Penal Code was not made out, to change into a different offence like 498a, Indian Penal Code.