ASHOK Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment and order of sentence dated 3/12/2011 passed by the First Additional Sessions Judge, Burhanpur in ST No.2/2011, whereby the appellant was convicted for commission of offence punishable under Section 306 of IPC and sentenced for seven years' rigorous imprisonment with fine of Rs.5,000/-. In default of payment of fine amount, he was to undergo for one year's RI in addition.

(2.) THE prosecution's case, in short, is that on 24.11.2010 the deceased Binu Bai wife of the appellant Ashok was found hanged in the house along with her two children. A merg intimation was given to the Police Station Nimbola District Burhanpur by Jagdish Yadav, which was registered at Ex.P-8. Thereafter the police came to the spot and prepared the panchayatnama lash of all the three dead bodies. The dead bodies were sent for the postmortem. Dr. Dilip Patil (PW-2) has done the postmortem on all the three bodies and gave a common report Ex.P-5. He found that all the deceased persons died due to asphyxia caused by hanging. The marriage of the deceased Binu Bai and the appellant Ashok took place in the year 2000. The parents and relatives of the deceased have made omnibus allegations relating to harassment and dowry demand. After due investigation, a charge sheet was filed before the Court of Judicial Magistrate First Class, Burhanpur for the offence under Section 306/34 of IPC, who committed the case to the Sessions Judge, Burhanpur and ultimately it was transferred to the 1st Additional Sessions Judge, Burhanpur.

(3.) I have heard the learned counsel for the parties.