RAMESH HARIJAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 27.8.1997 passed by the learned Additional Sessions Judge, Burhanpur in S.T.No.57/1995, whereby the appellant was convicted for the offence punishable under section 498-A of IPC and sentenced for 3 years' rigorous imprisonment with fine of Rs.300/-. In default of payment of fine, simple imprisonment for one month was directed.

(2.) PROSECUTION's case, in short, is that, the deceased Laxmi Bai was admitted in the Nehru hospital, Burhanpur on 13.9.1994, at about 4.40 p.m. because she sustained the burn injuries. Her dying declaration was recorded on 13.9.1994 at about 5.35 p.m., in which she has stated that the appellant was in a habit to assault her and therefore, she committed suicide. Ultimately, on 15.9.1994, the deceased Laxmi Bai expired at about 2.15 a.m. in the morning. A Panchayatnama Lash, Ex.P/5 was prepared and dead body of the deceased was referred for post-mortem. Dr.Raj Dulani (P.W.8) did the post-mortem on the body of the deceased and gave his report, Ex.P/10. He found that the deceased died due to shock caused by the impact of the burn injuries. Thereafter, the parents and relatives of the deceased had stated against the appellant and therefore, after due investigation, a charge-sheet for the offence punishable under section 306 of IPC was submitted before the JMFC, Burhanpur, who committed the case to the Sessions Court, Khandwa and ultimately, it was transferred to the Additional Sessions Judge, Burhanpur.

(3.) ON the other hand, the learned Panel Lawyer has submitted that the conviction and sentence passed by the trial Court appears to be correct and no interference can be done in this appeal in want of any basis.