RAMNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dtd. 10/2/1998 passed by the Second Additional Sessions Judge, Ambikapur, Sarguja in Sessions Trial No. 165/1991, whereby, the appellant stands convicted and sentenced as under:- <FRM>JUDGEMENT_104_LAWS(CHH)9_2019_1.html</FRM>

(2.) Case of the prosecution is that marriage of the appellant Ramnath was solemnized with deceased Munni Kumari about four-five years prior to her death. As per Ex.-P/6 missing report lodged on 28/11/1990 by PW-1 Gopi Prasad, brother of deceased, on the information given by appellant Ramnath that Munni Kumari left the home of appellant on 26/11/1990 at about 03:00 pm. On 1/12/1990, merg intimation (Ex.-P/4) was lodged by PW-8 Abdul Kareem, Chowkidar that one woman was found in hanging condition on a tree in a jungle. On the basis of merg intimation, the Investigating Officer gave notice (Ex.-P/1) to the Panchas and prepared inquest (Ex.-P/2) on the body of the deceased in presence of appellant, husband of the deceased, and PW-1 Gopi Prasad, brother of deceased, and body was identified by them. As per Ex.-P/3, one saree was seized. After merg inquiry, FIR (Ex.-P/8) was registered on 4/12/1990 under Ss. 306 and 498A of IPC by Inspector of Police Station- Ramanujganj. During investigation, statements of the witnesses were recorded which revealed that after marriage and prior to death of the deceased, she was being subjected to cruelty and harassment by the accused/appellant and his family members for demand of she-buffalo as dowry as a result of which she committed suicide by hanging her on a tree in a jungle. Postmortem on the body of the deceased was conducted on 2/12/1990 vide Ex.- P/7A by PW-13 Dr. N.K. Saini and in his opinion, cause of death was asphyxia due to hanging and the death was suicidal in nature.

(3.) Initially the charge-sheet was filed against three accused persons i.e. present appellant (husband/A-3), accused Pancham (father-in-law/A-1) and accused Maanmati Bai (mother-in-law/A-2) under Ss. 304B and 498-A of IPC. One of them Maanmati Bai expired on 12/2/1992 vide order-sheet dtd. 5/11/1992 and the proceeding abated in respect of her (A-2) and, thereafter, the proceedings continued against two accused persons i.e. present appellant (A-3) and accused Pancham (A-1). The trial Court framed charges under Ss. 304B and 498A of IPC and Sec. 4 of Dowry Prohibition Act against appellant (A-3) and accused Pancham (A-1). Thereafter, accused Pancham (A-1) expired during trial vide order-sheet dtd. 1/8/1997 and the proceeding abated in respect of him and, thereafter, the proceedings continued against the present appellant only.