AMIRULLA KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment dtd. 23/1/1999 passed by 6th Additional Sessions Judge, Durg in Sessions Trial No. 203/1998 convicting the accused/appellant for the alleged offence punishable under Sec. 306 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 7 years with fine of Rs.500.00, in default of payment of fine to further undergo rigorous imprisonment of two months.

(2.) Case of the prosecution in brief is that on 9/1/1996 deceased. Sarvani Begum, wife of the appellant committed suicide by setting herself ablaze. Merg intimation was given on 9/1/1996 itself vide Ex.P-9 and, thereafter, the enquiry was done by the police and on 4/2/1996; FIR (Ex,P-11) was registered, against the accused/appellant.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 12 witnesses in support of its case whereas two defence witnesses have also been examined. Statement of the defence witnesses have also been examined, Statement of the accused/appellant was also recorded under Sec. 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.