RAM SEWAK Vs. STATE OD MP

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 9.4.1997 passed by Additional Sessions Judge, Janjgir, in Sessions Trial No. 155/1994 convicting the accused/appellants under Section 498A IPC and sentencing each of them to undergo rigorous imprisonment for two years and pay fine of Rs. 500, in default of payment of fine to further undergo simple imprisonment for four months. In the present case the deceased is Rupkala, wife of accused/appellant No. 1 Ram Sewak and their marriage was solemnized in June 1986. On 12.10.1993, deceased died after suffering 90% burn injuries. Mere intimation Ex. P-7 was given by the brother-in-law of the deceased namely Bhuvneshwar Prasad and after mere inquiry, on 6.12.1993 FIR Ex. P-10 was registered against the accused/appellants and acquitted accused persons namely Bhuvneshwar Prasad and Ahiliya Bai for an offence under section 306/34 IPC. Post mortem on the body of deceased was conducted on 13.10.1993 vide Ex. P-6 by Dr. U.C. Sharma (PW-6) and cause of death opined by him was shock due to extensive burn injuries. After completion of investigation, charge sheet was filed against all the accused persons for an offence under Section 306/34 but the charge was framed against them by the Court below only under Section 306 IPC.

(2.) In support of its case, prosecution has examined 11 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.

(3.) After hearing the parties, the Court below has acquitted accused Bhuvneshwar Prasad and Ahiliya Bai of the charge levelled against them. Present appellants have also been acquitted of the charge under Section 306 but they have been convicted and sentenced u/s. 498A IPC.