RAMNARESH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 11.01.2005 passed by Sessions Judge Panna in S.T. No. 135/2003 convicting the appellant under Section 498 A of IPC and sentenced to 2 years R.I. and Rs. 1000/ fine.

(2.) Facts of the case, in short, are that on 24.08.2003 in the intervening night wife of the appellant Meera Bai committed suicide by hanging herself in her matrimonial house. Deceased ended her life out of harassment and frustration caused by the appellant and his family members to her. Deceased had married with the appellant about 16 17 years ago. Police Devendranagar Panna registered marg proceeding and sent dead body of deceased at post mortem. After recording the statement of parents and family members of the deceased, a case under section 498A, 306 and 341 of IPC was registered at Police Station Devendranagar at Crime No. 126/2003 against the appellant and 4 family members on 24.08.2003. Appellant husband has committed harassment towards deceased by way of neglecting her and not providing her proper protection. Appellant used to go in Goa and Andhra Pradesh leaving her alone and has also demanded money from her family members.

(3.) Completing the investigation, police Devendranagar submitted a charge sheet under section 498A, 306 of IPC against the appellant and 4 other family members. Trial Court framed charges under section 498A, 306 of IPC and 3 /4 of Dowry Prohibition Act. Appellants abjured guilt. To substantiate the case of prosecution statements of Mehagulal @ Mahendra father of the deceased (PW 1), Buiya mother of the deceased (PW 2), Balkrishn brother of the deceased (PW 3), Ghanshyam Das (PW 4), Dr. P.C. Shrivastava (PW 5), Shiv Prasad (PW 6), Ramgopal (PW 7) and Shri R.P. Rai ASI (PW 8) were recorded.