JAY KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 1.11.1996 passed by the learned First Additional Sessions Judge, Chhindwara in ST. No.5/1995 whereby the appellant was convicted for offence punishable under Section 304-B and 498-A of I.P.C and sentenced for rigorous imprisonment of seven years and three years respectively.

(2.) THE prosecution's story, in short, is that Malukchand Kotwar (PW1) of Village Palatwada, Police Station Chourai, District Chhindwara was informed by the appellant that his wife Ranjana Bai had expired and her dead body is lying in a well. Malukchand went to the well and after looking at the dead body of Ranjana Bai, he went to the Police Station and lodged a merg Police went to the spot and panchayatnama intimation Ex.P/10. lash Ex.P/3 was prepared. The dead body of the deceased Ranjana Bai was sent for post mortem examination. Dr. M. L. Gupta (PW10) did the post mortem upon the body of the deceased Ranjana Bai and gave a report Ex.P/7. He found that there was no external injury on her body but her liver and spleen were found ruptured and therefore, she died. In investigation parents and relatives of the deceased had stated to the Police making so many allegations against the appellant that he demanded dowry. He dealt the deceased with cruelty and therefore, she committed suicide. After due investigation a charge sheet was filed before the JMFC, Amarwada who, committed the case to the Sessions Court Chhindwara and ultimately it was transferred to the First Additional Sessions Judge, Chhindwara.

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