ASHOK KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is filed by appellant against his conviction for an offence under Section 304 -B and 498 A of I.P.C. and sentenced to Life Imprisonment and two years Rigorous Imprisonment, respectively.

(2.) According to prosecution, deceased Maya wife of appellant Ashok Kumar went to her parent's house at Subhash Nagar, Gwalior and informed her brother that she is administered poison in the cup of tea by her husband. She told her brother that her husband has dropped three tablets in the tea. After having that tea she felt restlessness and went to the house of her parents. Her brother Kashiram (P.W. 1) took her to the Hospital and informed the police at police station, Gwalior. Deceased Maya was admitted in female ward of Kamla Raja Hospital. Police informed the duty doctor to record dying declaration. During treatment, Maya died and intimation regarding death was given by Dr. Kiran, R.M.O. of Kamla Raja Hospital on telephone at police station, Gwalior. After investigation, appellant was arrested. Charges under Sections 302, 304 -B and 498 A I.P.C. were framed against the appellant and on appreciation of evidence appellant is acquitted of the changes for an offence under Section 302 of I.P.C. and sentenced to Life Imprisonment for an offence under Sections 304 -B I.P.C. and 498 -A I.P.C.

(3.) Counsel for appellant submitted that there is no evidence against the appellant for his conviction. Counsel for the appellant invited attention of the court to the deposition of P.W. 1 Kashiram., Kashiram (P.W. 1) in para 2 of his deposition deposed that the appellant was demanding big vehicle in dowry and was telling his wife that instead of big vehicle a small vehicle (Luna Moped) is given in the marriage and for that reason he used to beat his sister, deceased Maya, In para 3 of his; deposition he has deposed that on 1 -9 -1991 appellant has mixed sulfas tablets in the tea and ran away. Thereafter, deceased, came to him and he took her to Hajeera Police station there his sister gave a statement that appellant has mixed sulfas tablets in the tea. She had brought one tablet which mixed in tea. Police told Kashiram (P.W. 1) to take his sister to the hospital immediately. He informed the lady doctor who was treating that her husband has mixed poison in the tea and after consuming that tea Maya has been brought to the hospital. She died on the same day, about 3 to. 3 -15 in the afternoon. In para 5 of his deposition this witness has stated that the reason for harassment was that instead of bigger vehicle Luna Moped was given as dowry. He admitted that the appellant has not asked him to give big vehicle but he was told by his sister 3 -4 months after the marriage. In the cross -examination he further admitted that he met his sister last time a month before her death. He further deposed that once his sister came weeping to his house. He admitted that he has not told anyone regarding torture by the appellant to his wife. He admitted that he has convened Panchayat which was held at the residence of appellant Ashok, but none of the panchas were examined by the prosecution. In para 5 of the deposition, this witness had admitted that 7 -8 days after the death of his sister he went to T.I. Prakash Singh and C.S.P. Sharma along with 15 -20 persons and lodged report that his sister has been murdered by the appellant by administering poison. He has also submitted a written complaint to that effect. However, no such document was produced by the prosecution. In cross -examination this witness had further deposed that half dissolved tablet was mixed in the tea and the evidence regarding sulfas was mixed in the tea has mistakenly stated by him.