JHANAK LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dated 12.1.2000 passed by the 5th Additional Sessions Judge, Durg in Sessions Trial No.142 of 1999, whereby the Appellant has been convicted and sentenced as under:

(2.) Prosecution case, in brief, is that deceased Ranjana was wife of the Appellant. Their marriage was performed by churi form in May, 1998. This was third marriage of the deceased. Her first husband was Sugandas and second husband was Bhaudas. She was socially divorced by both husbands Sugandas and Bhaudas. On 24.2.1999, the Appellant had gone out of home to Bhilai in the morning. In the afternoon, at about 12:30 p.m., he returned home. The door of the house was closed from inside. Even on being knocked, the door was not opened. He called Kotwar and neighbours. On being peeped inside from the window, he saw that his wife Ranjana (deceased) had hanged herself inside the room. Morgue was lodged by him. During morgue inquiry, statements of witnesses were recorded. Thereafter, on the basis of morgue inquiry report, offence was registered. It was found that the Appellant used to suspect on the character of the deceased and for this reason he used to commit marpeet with her. He did not allow her to go out of home and talk to others. It is further alleged that the Appellant used to demand a sum of Rs.25,000/- for his job from his father-in-law through the deceased and for this reason he used to commit marpeet with her. On completion of investigation, a charge-sheet was filed against the Appellant. Charge was framed against him.

(3.) In support of its case, the prosecution examined as many as 11 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. 4 witnesses have been examined in defence.