HARI PRASAD Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS criminal appeal has been preferred by the appellant u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 25/07/1997 passed by Sessions Judge, Panna in S.T. No. 94/94 whereby he has been convicted u/s 498-A of IPC and sentenced to undergo RI for 3 years & fine of Rs.1000/- in default to suffer further SI for 6 months.

(2.) THE prosecution case, in brief, is that marriage of appellant and deceased Gunta Bai was solemnized before 7 years of the incident. It is alleged against this appellant and his parents, mother Dropadi Bai and father Bhaddu that they were committing cruelty on deceased Gunta Bai. In this regard a Panchayat was organized where appellant made an agreement that in future he will not make any cruelty or harassment to deceased. On the basis of aforesaid agreement Gunta Bai went to her matrimonial house but behavior of appellant was not changed. He continued making harassment to deceased Gunta Bai. Being harassment she committed suicide on 22/04/94 by pouring kerosene oil on her body and set to ablaze herself. After the incident one Pappu Yadav informed at police station Raipura where merg (Ex.P-1) was registered. The dead body of deceased was sent for postmortem examination. After due investigation, appellant alongwith his parents Dropadi Bai and Bhaddu were charge sheeted before the Committal Court. In turn, Committal Court committed the case to the Court of Sessions. Learned Sessions Judge has framed the charges u/s 306, 498-A of IPC against them.

(3.) LEARNED counsel for the appellant has submitted that he does not want to challenge the conviction recorded by the trial Court, however, he has submitted that appellant is a first offender and he already suffered the jail sentence of about 60 days (two months) therefore, no useful purpose is going to be served by sending the appellant again in the jail, thus, in the interest of justice, he may be sentenced for the period already undergone with enhanced fine amount.