GIRDHAR SAHU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 14.8.98 passed by Additional Sessions Judge, Rajnandgaon, in Sessions Trial No. 127/97 con-victing the accused/appellant for the offences punishable under Sections 306 and 498A of the Indian Penal Code and sentencing him to un-dergo simple imprisonment for ten years and pay fine of Rs. 1,000 under Section 306 and simple imprisonment for three years and pay fine of Rs. 1,000 under Section 498A IPC, plus default stipulations.

(2.) Facts of the case in brief are that marriage of the deceased namely Asha Bai was solem-nized with the accused/appellant herein about 2 years prior to the date of incident i.e. 5.7.97. It is alleged that on 5.7.1997 the deceased died in her matrimonial house after sustaining 100% burn injuries. Merg intimation Ex. P2 was given to the police on that day itself and after merg investigation FIR Ex. P16 was registered on 8.7.1997. Challan was filed on 28.7.97 under Section 306 of I.P.C. However, trial Court framed the charges against the accused/appel-lant on 18.10.1997 under Sections 498A, 306 and 304B IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined as many as 13 wit-nesses in support of its case. Statement of the accused/appellant was also recorded under Sec-tion 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implica-tion in the case.