VED PRAKASH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed against the judgment and order dated 22.12.2006 of the Additional Sessions Judge/Fast Track Court-III, Gonda, passed in Sessions Trial No. 411 of 1995, State v. Ved Prakash, convicting and sentencing the appellant to five years rigorous imprisonment and a fine of Rs. 5000/- under Section 306 of the Indian Penal Code, for short I.P.C., and in default of payment of fine to an additional imprisonment for six months.

(2.) Briefly stated, the prosecution case is that Shashi Kiran, the daughter of Rajeshwari Prasad, resident of village Bhairampur, District-Gonda, was married to the appellant about two years prior to the incident and the appellant used to beat his wife alleging that she was having a bad character and due to that harassment she had committed suicide by consuming poison. A written report Ext. Ka-1 was given by Rajeshwari Prasad on 21.1.1995 at P.S. Khargupur of District Gonda and on the basis of that report a case under Section 306 I.P.C. was registered against the appellant and after investigation the police filed a charge-sheet under Sections 498-A and 306 I.P.C. The Magistrate took cognizance thereon and committed the case for trial to the Court of Sessions. The learned trial Court framed the charges of the said sections against the appellant, who pleaded not guilty and claimed the trial.

(3.) The complainant Rajeshwari Prasad had died prior to the initiation of the trial. The prosecution examined seven witnesses, namely; PW-1 Om Prakash, PW-2 Smt. Sampta, PW-3, Avdhesh Kumar, PW-4 Krishna Kumar, PW5 Ram Pravesh Pandey, PW-6 R.C. Chaturshreni and PW-7 S.S.I. Chandra Bhushan Upadhyay and produced documentary evidence Exhibit Ka-1 to Ka-12 in support of its case.