HOTAM SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellant against judgment dated 30.09.2002 passed in S.T. No.22/2000 by learned Special Judge (N.D.P.S.) Act and Additional Sessions Judge, Gwalior, M.P. convicting the appellant for the offence punishable under Sections 498-A and 304- B of IPC and sentenced to undergo R.I. for two years, seven years respectively and by imposing fine of Rs.200/- under Section 498-A of IPC.

(2.) THE brief facts of the case are that appellant Hotam Singh has been married to Kamlesh on 12.05.1998. On 08.05.1999, Kamlesh died due to hanging. On merg intimation, the F.I.R. has been registered after finding that appellant used to demand Rs.15,000/- and one buffalo from his wife and it is further found that appellant was having illicit relation with wife of his elder brother for which deceased was subjected to cruelty when she tried to opposed the appellant.

(3.) LEARNED counsel for the appellant has further submitted that trial Court has not considered the evidence of Badamibai (PW-4) for appreciating the evidence of Gayadeen (PW-1). Badamibai (PW-4) has denied in her evidence for demand of any dowry and further confirmed that no demand of dowry has been made from her daughter and her daughter was not subjected to any cruelty by appellant. Therefore, the statement of Gayadeen (PW-1) recorded and further cross examination has been confirmed by his wife Badamibai (PW-4), therefore, learned trial Court has not justified in discarding the evidence of Gayadeen (PW-4) recorded after order passed by this Court for further cross examination and by considering the earlier part of cross examination only.