SURESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.6.1996 passed by Additional Sessions Judge, Durg, in Sessions Trial-No. 590/1993 convicting the accused/Appellant under Section 306 Indian Penal Code and sentencing him to undergo rigorous imprisonment for three years.

(2.) Case of the prosecution in brief is that marriage of the deceased namely Subhotin Bai was solemnized with the accused/Appellant about 6 years prior to the date of incident. On 16.9.1992 the deceased committed suicide by consuming some poisonous substance. Merg intimation (Ex. P-l) was given by Yudhisthir (PW-1) - the village Kotwar on 17.9.1992. After completion of investigation challan was filed by the police on 16.11.1992 against the accused/ Appellant herein, his father Ghasiya Ram, mother Ram Bai and one villager namely Roop Singh for the offences under Sections 304B and 306/34 Indian Penal Code. Trial Court has however framed the charges against the accused/Appellant, his father and mother under Section 304B whereas against accused Roop Singh under Section 306 Indian Penal Code.

(3.) So as to hold the accused persons guilty, the prosecution has examined 09 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.