VINOD KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dtd. 3/11/1998 passed by the learned Additional Sessions Judge, Gadarwara, District Narsinghpur in Sessions Trial No. 10/1998, whereby the appellant has been convicted for an offence punishable under Sec. 306 of Indian Penal Code and sentenced to undergo R.I. for five years and fine of Rs.2000.00 with default stipulation.

(2.) The case of the prosecution, in short is that on 16/10/1997, Police Station Gadarwara, received an application from the Government Hospital, Gadarwara that Renu Bai, W/o Vinod Balmik has been brought in burnt condition. Inspector D.K. Upadhyay (PW-7), SHO Gadarwara Police Station recorded the statement (Ex.P-3) of Renu Bai before Allu and Shitaram. In her statement (Ex.P-3) recorded under Sec. 161 Cr.P.C. Renu Bai stated that last year she was married to Vinod and they are blessed with a four year old son. Her husband Vinod is suffering from stomach-ache and for his treatment, he was demanding Rs.20,000.00 from her. They had some dispute over the demand of Rs.20,000.00. Today, her husband told that, if she could not bring Rs.20,000.00, he will not keep her with him. On account of that, she poured kerosene oil and immolated herself. Her earlier statement that she had accidentally sustained fire from the stove while preparing tea, was given by her under the pressure of her in-laws. After the death of the Renu Bai, on the basis of aforesaid statement (Ex. P-3) F.I.R. (Ex.P-6) was registered against her husband Vinod in Police Station Gadarwara on 18/10/1997 for commission of offence punishable under Sec. 306 of IPC.

(3.) After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class Gadarwara who in due course committed the case to the Court of Sessions and ultimately it was transferred to the Additional Sessions Judge, Gadarwara, District Narsinghpur.