LAWS(CHH)-2010-6-5

TAKHATRAM Vs. STATE OF MADHYA PRADESH

Decided On June 16, 2010
TAKHATRAM Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29th March, 1994 passed by Additional Sessions Judge, Durg in Sessions Trial No.24 of 1990 convicting the accused/ appellant for the offence punishable under Section 304B IPC and sentencing him to undergo rigorous imprisonment for seven years.

(2.) Case of the prosecution in brief is that on 19.10.1988 the wife of the accused/appellant namely Sukhwatibai died by setting herself ablaze in her matrimonial house. On 19.10.1988 itself merg intimation was recorded vide Ex. P6 and on 24.10.1988 a written complaint Ex. P1 was also made by the father of the deceased (PW1) and after investigation challan was filed by the police and accordingly the accused/appellant was prosecuted for the offence under Section 304B of IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 11 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. This apart, one Ramlal (DW1) has also been examined by the defence in support of its case.