ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) Appellant has preferred this appeal being aggrieved by his conviction for offence under Section 302 of the Indian Penal Code and sentence of rigorous imprisonment for life, passed by the 3rd Addl. Sessions Judge, Bhopal in Sessions Trial No. 64/84, by judgment dated 29-7-1989.

(2.) It is an admitted position that the deceased Mohni alias Madhu was the wife of the appellant. According to the prosecution, appellant and the deceased fought several litigation and sometimes prior to the date of the incident, deceased had started living with him. On 21-12-1982 Police Control Room gave information to the Hanumanganj Police Station about the death of Mohni on the basis of which, a Murg was registered. During the investigation, it was found that appellant used to harass the deceased which led her to commit suicide and accordingly case under Section 306 of the Indian Penal Code was registered.

(3.) Deadbody of the deceased was sent for post-mortem examination which was jointly conducted by P.W. 8 Dr. D. K. Satpati and one Dr. Harimohan Mangal. Doctors who have conducted the post-mortem examination did not find any injury on the person of the deceased and according to P.W. 8, "the deceased died due to respiratory failure as a result of suspecting poisoning." The doctors who had conducted the post-mortem, preserved the viscera of the deceased for chemical analysis. Viscera was sent for chemical analysis to the State Forensic Science Laboratory, Sagar, which has submitted its report dated 31-5-1983. According to the Forensic Science Laboratory, no chemical poison was detected in the viscera of the deceased.