SHYAM BABU SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) Vide judgment dated 25.5.1999 passed by the learned Additional Sessions Judge Cum Special Judge (N.D.P.S. Act), Jabalpur in S.T. No.648/99, the appellant was convicted for the offence punishable under Section 306 of IPC and sentenced with three years' R.I. with fine of Rs. 1,000/-. In default of payment of fine, additional R.I. for two months' was directed. Being aggrieved with the aforesaid conviction and sentence, the appellant has preferred the present appeal.

(2.) The prosecution's case, in short is that, the deceased was wife of the appellant and their marriage took place seven years' prior to the incident. On 17.6.1996, the neighbours, Kashinath Nayak (PW-1), Ashiwini Kumar Gupta (PW-2) and others heard the shouting from appellant's house situated at Jail Lines, Jabalpur and they saw that the deceased sustained burn injuries and the appellant was trying to save her from fire and ultimately, the deceased Reeta Shukla was taken to the hospital. Dr. N.K. Jain (PW-8) recorded her MLC report Ex.P/11 and ultimately, the deceased expired. Before her death, the constable Rajesh Pandey (PW-4) recorded the dying declaration Ex.P/6 of the deceased in presence of Dr. Maya Verma (PW-9), in which the deceased had stated that she committed suicide because "Aatma Bhar Gayi Thi" and she did not give any specific reason. However, she had informed that her marriage took place with the appellant eight years back and there was no issue to her and she committed suicide. In the postmortem report Ex.P/7, Dr. J.L. Sahgal (PW-5) found that the deceased Reeta Shukla had died due to burn injuries. During investigation, the parents and relatives of the deceased have made allegations of dowry demand and harassment and harassment with the fact that the deceased did not have any child and therefore, a charge sheet was filed for the offence punishable under Section 306 of IPC before the C.J.M. Jabalpur, who committed the case to the Sessions Court and ultimately, it was transferred to the Additional Sessions Judge Cum Speical Judge (N.D.P.S. Act), Jabalpur.

(3.) The appellant abjured his guilt. He has stated that he was falsely implicated in the matter. He never demanded any dowry or harassed his wife. On the contrary, he was trying to save his wife when she tried to commit suicide. However, one B.C. Choudhary (DW-1), Scientist Officer was examined as a defence witness.