POORANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 8.10.1999 passed by the 1 st Additional Sessions Judge Waraseoni, District Balaghat in S.T. No.155/96, whereby the appellant was convicted for the offence punishable under Section 498-A of IPC and sentenced for six months' R.I. with fine of Rs.250/-. In default of payment, he was to undergo for one month's R.I. in addition.

(2.) THE prosecution's case, in short is that, the deceased Lalita Bai daughter of Gomalal (PW-2) was married with the accused Ripesh, son of the appellant on 27.4.1994. Thereafter, the deceased Lalita Bai was residing in the house of the appellant. The accused persons were abusing her on the basis of her colour. Once, she was assaulted with a slipper by her husband Ripesh and the accused persons were constantly committing cruelty to her. They were provoking her husband Ripesh to assault the deceased. The accused Dhanendra wrote a letter to the parents of the deceased, in which it was mentioned that they were not interested to keep the deceased Lalita Bai in the house. A complaint was made to the Sarpanch and Dhanendra had accepted his guilt before the Sarpanch. However, their behaviour was not changed. It was alleged that the accused Ripesh assaulted his wife on 21.1.1995 and hence, the deceased committed suicide in the same night by jumping in a well of Rekhlal. The dead body of the deceased was found in a well on 23.1.1995. Dhanendra lodged a merg intimation Ex.P/5 before the S.H.O. Rampayali. A panchnama-lash was prepared and dead body of the deceased was sent for the postmortem. Dr. B.L. Kumbhre (PW-5) conducted the postmortem on the body of the deceased and gave his report Ex.P/3. According to him, the deceased died due to asphyxia but, since body was decomposed, therefore, Dr. Kumbhre could not give any definite opinion about the cause of asphyxia and hence, viscera of the deceased was taken and sent for Forensic Science examination. However, no poisonous substance was found in the viscera of the deceased. After due investigation, a charge sheet was filed before the A.C.J.M. Waraseoni, who committed the case to the Sessions Court and ultimately, it was transferred to the 1 st Additional Sessions Judge, Waraseoni.

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