KHUSHAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure, being aggrieved by the judgment dated 28.6.1999 passed in S.T. No. 12/1993 by Third Additional Sessions Judge, Chhindwara, whereby the appellants have been convicted under Section 498-A/34 of IPC and sentenced them to undergo rigorous imprisonment for 1 year with fine of Rs. 3,500/- (each), with default stipulations.

(2.) Facts, in short, riving rise to this appeal are that appellant No. 1 Khushal Singh, husband of deceased Padmabai, on 10.9.1998 has informed the police at Police Station Tamiya that for a while at about 4.15 pm he went upto the bus stand and when he returned back, he found that his wife Padma was fallen on the ground. He called the neighborers. Wife of one Pawar Babu inspected the body of Padma, then they rushed to the hospital for her checkup where doctor declared her brought dead. Thereafter a marg was registered and during enquiry it was found that appellant Kushal Singh and other appellants (relatives of Kushal Singh) were used to torture Padma, they committed cruelty on her, therefore, she committed suicide. On the basis of aforesaid enquiry, the offence was registered against the appellants and they have been arrested.

(3.) After usual investigation, appellants were charge sheeted before the committal court, who committed the case to the Court of Session. Learned Sessions Judge framed the charges against the appellants under Sections 498-A and 306 read with Section 34 of IPC. Appellants abjured their guilt and pleaded false implication. They examined as many as eight witnesses as defence witnesses in their favour.