TEJBALI KORI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 374(2) of Cr.P.C. being aggrieved by the judgment dated 30.09.1998 passed by Sessions Judge, Sidhi in S.T. No.43/1996, whereby the appellant has been convicted under Sections 354 and 498-A of I.P.C. and sentenced to R.I. for 1 year and R.I. for 1 1/2 year with fine of Rs.200/- in default R.I. for 1 month respectively with direction to run both the sentence concurrently.

(2.) The prosecution case in brief is that deceased Shyama was married to Samaylal in the year 1991 and she committed suicide in the intervening night of 17-18.06.1995 in the appellant's house. Appellant is the father-in-law of the deceased and deceased along with her husband used to live with the appellant. On 17-18.06.1995 Shyama Bai committed suicide and appellant lodged a marg report Ex.P-7 at police station Kotwali, Sidhi. The aforesaid marg was written by PW-9 Khursheed Khan, Head Constable. As per rojnamcha report appellant asked his son Santkumar to bring wheat from the house of Vijay Singh who refused to give, therefore, appellant scolded his son Santkumar who got annoyed and sent in another house. Meanwhile in theintervening night deceased Shyama Bai hanged herself and committed suicide. Dr. S.B. Khare (PW-5), Assistant Surgen, District Hospital, Sidhi has conducted the postmortem of the deceased Savita and submitted Ex.P-3 postmortem report as per his opinion deceased died due to asphyxia. Further it is not challenged by the defence counsel that deceased died due to asphyxia. Ex.P-1 Panchnama was prepared in presence of PW-1 Geeta Sharma.

(3.) Appellant abjured the guilt and submitted in his accused statement that after the death of Shyaa Bai her parents wanted that appellant should marry Santkumar with the younger sister of deceased but appellant refused to do so, therefore, after eight months of the incident on the basis of false statements of parents of deceased appellant has been implicated.