RAMLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has been convicted under Section 498A of the IPC and sentenced to undergo R.I. for 3 years with fine stipulation, though he was acquitted of the offence under Section 306 of the Indian Panel Code (for short "IPC"). The impugned judgment dated 23.1.1998 was passed by I Additional Sessions Judge, Katni in Sessions Trial No. 250/96. Appellant is husband of Godabai (since deceased). Their marriage was solemnized ten years prior to the date of incident. According to the prosecution case, appellant Ramlal persistently subjected Godabai to cruelty and harassment on the ground of her dark complexion and disinclination towards work, to such an extent that she was left with no other option, except to commit suicide by consuming poisonous substance. She died on 6.3.96 at 10 p.m. in her matrimonial home at Village Gurjikala. Morgue intimation Report No. 0/96 (Ex. P/5) was registered at Police Outpost Salaiya, on 7.3.96 at 8.30 p.m. Thereafter, original morgue No. 7/96 (Ex. P/11) was registered at Police Station Rithi on 8.3.96 and after investigation, Crime No. 46/96 (Ex. P/12) was registered for the offence punishable under Section 306 of the IPC. After completion of investigation, charge -sheet was filed and thereafter impugned judgment was passed.

(2.) CHARGES under Section 498A and 306 of the IPC were framed. Appellant pleaded false implication and not guilty.

(3.) IN response, learned Government Advocate, while making reference to the incriminating pieces of evidence on record, submitted that the conviction was well merited and the impugned judgment does not deserve to be interfered with.