JAMNA BAI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant under section 374(2) of the Cr.P.C. being aggrieved by conviction and sentence recorded by Fourth Additional Sessions Judge, Sagar vide order dated 11.4.1997 passed in S.T. No. 62/96 whereby the appellant has been convicted under Section 306 of the IPC and sentenced to R.I. for 4 years with fine of Rs. 500/- and in default of payment of fine, R.I. for further 3 months.

(2.) The facts, in short, giving rise to this appeal are that marriage of Sushila Bai (since deceased. was performed with Radhe Shyam (son of the appellant. 3-4 years before the incident. It was alleged that, after marriage the appellant used to harass Sushila Bai and due to the harassment made by the appellant, Sushila Bai committed suicide on 17.11.1995 by pouring Kerosene oil on herself. She was rushed to the hospital, where her dying declaration was recorded. During treatment, she died on 18.11.1995 due to the burn injuries sustained by her.

(3.) After enquiry, FIR was registered under section 306 of the IPC against the appellant. Deceased was sent for post mortem. The appellant was charge sheeted before JMFC, Sagar, who in turn, committed the case to the Sessions Court. Learned Additional Sessions Judge framed the charges under section 306 of the IPC against the appellant.