PRAMOD RAO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 12-10-1999 passed by the IVth Additional Sessions Judge, Durg, M.P. (now C.G.) in Sessions Trial No. 155/98 whereby and whereunder the learned Additional Sessions Judge after holding the appellant guilty for subjecting his wife Veena to cruelty convicted him under Section 498-A of the Indian Penal Code (for short 'the IPC) and sentenced the appellant rigorous imprisonment for 3 years and fine of Rs. 1000/-, in default of payment of fine, additional rigorous imprisonment for 3 years and fine of Rs. 1000/-, in default of payment of fine, additional rigorous imprisonment for 1 year. The learned trial Judge acquitted the appellant of the charge under Section 304B of the IPC. Against such acquittal no criminal appeal is reported to be filed by the State. The conviction is impugned on the ground that without there being any iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned.

(2.) As per case of the prosecution, on 2-2-1998, at about 10.35 p.m., the appellant reached Police Station-Mohan Nagar, Durg (CG), registered the merg intimation regarding death of his wife Veena and stated that at about 11 a.m., he went to his duty, her wife Veena asked him to bring household material and grocery after his duty, he went to the grocery shop, purchased household articles and about 8.15 p.m. he reached his house, he got his house door booted from inside, he called his wife, not getting answer he collected the neighbours. After breaking the glass he opened the door, entered inside the house and saw her wife Veena hanging inside the room with a hook of roof with the help of nylon rope. The investigating officer registered the merg intimation vide Ex.-P/12, reached the place of occurrence on 3-2-1998, after giving merg notice to witnesses vide Ex.-P/13, inquest was prepared vide Ex.-P/1. After inquest, the dead body was sent for post-mortem. Dr. S.A. Mandge (PW-8) conducted the autopsy and noticed following symptoms:

(3.) In order to prove the guilt of the appellant, the prosecution examined as many as 15 witnesses. The statement of the appellant was recorded under Section 313 of the Code wherein he denied the circumstances appearing against him and pleaded innocence and false implication in crime in question.