VISHNU GIRI Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 19.6.1996 passed by the 1 st Additional Sessions Judge Katni in S.T. No.508/91, whereby the appellant was convicted for the offences punishable under Sections 306 and 498-A of IPC and sentenced for six years R.I. with fine of Rs.1,000/- and two years R.I. with fine of Rs.500/- respectively. In default of payment of fine, he was to undergo for four months R.I. and two months R.I. respectively.

(2.) Prosecution's case in short is that on 28.6.1991, one Sukkhi Bai was found in the burnt condition in her house. An intimation of her death was given by Mohan Giri (PW-11), brother of the appellant to the police officers of the outpost Khitoli, Police Station Barhi. A.S.I. Tiwari (PW-13) went to the spot and he summoned the appellant by way of a notice Ex.P/1 and prepared Panchnama Lash Ex.P/2. The dead body of the deceased Sukkhi Bai was sent for postmortem. Dr. Swarnkar (PW-14) and Dr. Kamla Patel (PW-12) conducted the postmortem on the body of the deceased Sukkhi Bai and submitted a report Ex.P/10. She was found dead due to shock caused by 100% ante mortem burnt. Thereafter, the police registered a case against the appellant. After due investigation, a charge sheet was filed before the A.C.J.M. Katni, who committed the case to the Sessions Court and ultimately, it was transferred to learned 1 st Additional Sessions Judge, Katni.

(3.) The appellant abjured his guilt. He did not take any specific plea but he has stated that he kept his wife with comfort and she did not commit suicide. The deceased had expired due to an accident. However, no defence evidence was adduced.