RAJI Vs. STATE

JUDGEMENT

(1.) THE appellant is first accused in the case. THE appellant along with his father was originally charged for an offence punishable under Sections 498A and 302 IPC. On conclusion of the trial, A-2 was acquitted and the appellant alone was convicted under Section 304-B and 498 A IPC and was sentenced to undergo imprisonment for seven years and two years respectively.

(2.) THE case of the prosecution is that the appellant is the husband of the deceased. On 27.04.1996 at about 6.00 p.m, the deceased died at the residence of the appellant. On coming to know about the death of the deceased, P.W.1 lodged a complaint on 28.04.1996 at about 10.00 a.m to P.W.11. Inspector of Police and the same was registered as Ex.P-1 in Crime No.425 of 1996 under Section 174 Cr.P.C. Ex.P-7, the printed FIR was sent to the Court and superior officials. On receipt of Ex.P-7, the RDO took up initial enquiry, as the death of the deceased occurred within seven years of the marriage. Ex.P-8 is the inquest report and after examination of the witnesses, a report has been filed under Ex.P-15. Since the RDO has gone abroad, those reports have been marked through P.W.13, P.A to Sub Collector.

(3.) THE learned trial Judge on conclusion of the trial, questioned the accused under Section 313 Cr.P.C for which the appellant claimed innocence. On a perusal of the oral and documentary materials produced by the prosecution and on hearing the arguments of both the counsel, the learned trial Judge convicted the accused as aforementioned and aggrieved against that the present appeal has been filed before this Hon'ble Court.