RAM MANI Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This appeal is directed against the order of conviction for the charge under Section 498-A and 306 of Indian Penal Code (in short 'I.P.C.') by which the appellants were sentenced to R.I. for one year with fine of RS. 500/-, in default of payment of fine, R.I. for three months and R.I. for

(3.) years with fine of RS. 1000/-, in default of payment of fine, R.1 for 6 month, each respectively. The sentences were ordered to run concurrently. 3. The charge against all the three appellants was under Section 304B of the I.P.C. The prosecution examined 9 witnesses to prove the charge against the appellants. The trial Court on proper analysis of evidence on record came to the conclusion that the charge under Section 304-B is not proved and held that the dying declaration on record by the Naib Tehsildar is not proved. Therefore, the finding of fact is recorded holding charge under Section 306 of the I.P.C. against the appellants. Having said so, the trial Court arrived at the conclusion that the charges under Section 498-A and 306 are proved and the finding on conviction and sentence was recorded, as stated above. The reason given by the learned trial Judge is based on the evidence of PW.2 with regard to the cruelty to record the finding under Section 498-A. Though the charge is not framed under Section 306 of the I.P.C. but the finding is recorded under Section 306 of the I.P.C. The correctness of the same is questioned before the High Court urging various legal contentions.