LAWS(MPH)-2012-9-62

ARUN Vs. STATE OF MADHYA PRADESH

Decided On September 10, 2012
ARUN Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 29.2.2008 passed by the learned Second Additional Sessions Judge, Multai in S.T.No.199/2005, whereby the appellants were convicted for the offence punishable under sections 306 and 498-A of IPC and each sentenced for 7 years' rigorous imprisonment with fine of Rs.100/- and simple imprisonment for one year with fine of Rs.100/- respectively. In each default of payment of fine, each of them was punished with one month's imprisonment in addition.

(2.) PROSECUTION's case, in short, is that, Meena, wife of the appellant Arun, was found dead in a toilet on 17.4.2005. It was found that she committed suicide by hanging. An intimation was given to the police of Police Station Multai, District Betul. A Panchayatnama lash, Ex.P/ 2 was prepared and dead body of the deceased was sent for the post-mortem. Dr.R.K.Nachankar (P.W.3) performed the post-mortem on the body and gave a report, Ex.P/5. He found that the deceased died due to hanging. During the investigation, the parents and relatives of the deceased kept silence for a longer period. Thereafter, they alleged against the appellants, who were relatives of the appellant Arun, husband of the deceased. After due investigation, a charge- sheet was filed before the JMFC, Multai, who committed the case to the Sessions Court, Betul and ultimately, it was transferred to the Second Additional Sessions Judge, Multai.

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