GOVERDHAN SHOBNATH BIND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 30.1.1995 passed by the V Addl. Sessions Judge, Bilaspur, in Sessions Trial No. 437/1992 whereby the said Court convicted the appellant under Section 498A IPC and sentenced him to undergo R.I. for 3 years.

(2.) The brief facts are that the accused persons (4 in number) were charged under Sections 304B, 306 and 498A, I.P.C. The appellant is the husband of the deceased namely Gajra Bai. The other co-accused persons were brother-in-law (Jeth, who died during the pendency of the trial), sister-in- law (Jethani) and niece of the husband of the deceased. The case of the prosecution was that deceased Gajra Bai) who was resident of village Budi, was married to the appellant 3-4 years prior to the date of incident, which took place on 20.5.1992. On the said date, while residing in her in-laws place in village Nirtu, the deceased consumed poison resulting into her death. Initially the accused persons had not reported the matter to the Police but when the intervention was made by villagers, a merg intimation was lodged by Parasram (accused No. 2) in police station on 26.9.1992 which was reduced into writing as Ex. P 3. The inquest on the dead body was prepared on the same day under Ex. P8 and the body was sent for post-mortem. Certain clothes etc. of the deceased were also seized under Ex. P 9. The post-mortem report, Ex. P 2, was received and ultimately after completion of the investigation, a charge-sheet under Section 306 and 304B IPC was filed against the above 4 persons. The Sessions Judge framed charges under Sections 498A, 306 in alternative 304B IPC, to which the accused persons denied. After conclusion of the trial, all other accused persons were acquitted. However the appellant was convicted under Section 498A only and sentenced to undergo R.I. for 3 years, as aforementioned. It is against this judgment of conviction and order of sentence, this appellant has filed this appeal.

(3.) The conviction of the appellant is based upon testimony of PW 5 Laxmin Bai, mother of the deceased and PW 8 Birspati Bai, aunt of the deceased. The Sessions Court has recorded a finding that when the deceased had visited to her parents place on the occasion of Teeja festival, she had stated to her parents that once she was beaten by the appellant, due to which, she was unable to move for 7 days. The mother asked her as to why she was beaten, on which, she told that her husband was having illicit relations with her sister-in-law (Jethani) namely Dwarika Bai (accused No. 3), therefore, she was beaten by him. Almost similar evidence was given by Birspati (PW8), therefore the appellant was guilty of an offence under Section 498A, IPC.