MOHAMMAD MUBEEN Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 14.03.1996 passed by learned IX Additional Sessions Judge, Bhopal in Sessions Trial No. 345/1994 convicting the appellant under Sections 498A and 306B IPC and thereby sentencing him to suffer rigorous imprisonment of three years and five years and fine as mentioned in the impugned judgment, this appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973. In brief, the case of prosecution as borne out from the judgment is that appellant who is husband of the deceased Shahnaz (hereinafter referred to as 'deceased') was harassing her as a result of which on 11-06-1994, in the house of appellant, she set upon her to fire after pouring kerosene over her. In burnt condition, she was brought to the hospital where she died during the course of treatment. On receiving the information by Mahila Thana, Bhopal, a case was registered under section 498A IPC and when during the course of investigation, the deceased died, the case was also registered under section 306 IPC, in the alternative 304-B IPC.

(2.) After investigation was over, a charge sheet was submitted in the committal court which on its turn, committed the case to the Court of Sessions and from where it was received by the Trial Court for the Trial. The learned Trial Judge on the basis of material available in the charge sheet, framed charges punishable under Section 498A read with Section 306 and in the alternative, 304B IPC which appellant denied and requested for trial.

(3.) The prosecution, thereafter, examined its 13 witnesses and also placed Ex. P-1 to P-13 the documents on record. The defence of appellant is that indeed, the deceased was desirous to get married with some other boy but when she was not married to him, she committed suicide. In support of his defence, the appellant examined one Mohd. Mukeem (DW-1). The learned Trial Judge on the basis of evidence placed on record, came to hold that the charges punishable under Sections 498A and 306 IPC are proved against the appellant and eventually, convicted him and passed the sentences which are here-in-above