MANOJ KUMAR TRIPATHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 25.03.2009, passed by the learned Additional Sessions Judge, Rewa in ST. No. 1/2008 whereby the appellant was convicted for offence punishable under Section 498-A of I.P.C and sentenced for 3 years rigorous imprisonment with fine of Rs.1000.00 and in default of payment of fine three months rigorous imprisonment was directed.

(2.) THE prosecution case in short is that one Shrimati Rukmani wife of the applicant had sustained burn injuries on 05-11-2007 and thereafter, she died. Panchayatnama of laash was prepared and her body was sent for post mortem. Parents and relatives of the deceased made omnibus allegations against the applicant relating to harassment of the deceased on the basis of the dowry demand and it was also suspected that the appellant committed murder of the deceased. The parents of the deceased had told about the dying declaration of the deceased to that effect. After due investigation, a charge-sheet was filed before the Judicial Magistrate First Class, Rewa who committed the case to the Sessions Court, Rewa and ultimately it was transferred to the Additional Sessions Judge, Rewa ( Shri Mritunjay Singh).

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties, acquitted the appellant from the charges of offence punishable under Section 302 and 306 of IPC but convicted him for the offence punishable under Section 498-A of IPC and sentenced as mentioned above.