SUSHIL KUMAR AGRAWAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 18.1.1997 passed by Additional Sessions Judge, Bilaspur, in Sessions Trial No. 152/1997 convicting the accused/appellant under Section 498-A IPC and sentencing him to undergo rigorous imprisonment for two years and pay fine of Rs. 2000, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Appellant herein is the husband of deceased Pushpa Bai and their marriage was solemnized in the year 1980. On 3.9.1986 after suffering 50% burn injuries the deceased was taken to Belgahna hospital from where she was shifted to District Hospital and then she was referred to Sector 9 hospital, Bhilai. On 3.9.1986 itself report Ex. P-6 was lodged by the accused/appellant in police station Belgahna with respect to deceased sustaining burn injuries. On 4.9.1986 dying declaration of the deceased Ex. P-12 was recorded by Naib Tehsildar namely R.N. Singh (PW-13) and she succumbed to the injuries on 7.9.1986. On 8.9.1986 written report was lodged by father of the deceased namely Shyam Sundar Agrawal (PW-20) and on 13.9.1986 an un-numbered report was recorded in Belgahna police Chowki. After inquiry on 14.9.1986 FIR Ex. P-10 was registered against the accused/appellant, his mother and two brothers under Sections 306 and 498-A IPC. Post mortem examination on the body of the deceased was conducted on 7.9.1986 vide Ex. P-14 by Dr. S.S. Dhillan (PW-18) and according to him cause of death was shock and sepsis due to superficial burn. After investigation, charge sheet was filed against the accused persons on 12.6.1987 for the offences under Sections 306 and 498-A IPC.

(3.) In support of its case, prosecution has examined 22 witnesses. 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.