MANOJ KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 14.5.1997 passed by the learned VIIIth Additional Sessions Judge, Jabalpur in ST No.337 of 1996 whereby the appellant is convicted for the offence punishable under Section 498-A of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.5000/-. In default of payment of fine one years simple imprisonment in addition.

(2.) PROSECUTION's case in short is that on 23.4.1996, at about 4.30-6.00 p.m, the deceased Savita wife of the appellant Manoj had committed suicide in her house situated at Kumhar Mohalla in the jurisdiction of Police Station, Garha, Jabalpur. Police prepared a panchanama of lash and sent the dead body of the deceased Sarita for the post mortem. Dr. Sehgal (PW5) performed the postmortem on her body and gave his report Ex.P/4. He found that the deceased died due to hanging. On investigation it was found that the deceased was dealt with cruelty and harassed by the appellant in such a manner so that she committed suicide within seven years of her marriage. After due investigation a charge sheet was filed before the ACJM, Jabalpur who committed the case to the Sessions Court, Jabalpur and ultimately it was transferred to VIIth Additional Sessions Judge, Jabalpur.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties acquitted the appellant from the charges of offence punishable under Sections 306 and 304-B of the I.P.C but, convicted him for the offence punishable under Section 498-A of I.P.C and sentenced as mentioned above.