UTTAM CHANDRA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 28.9.1998 passed by the learned Second Additional Sessions Judge, Tikamgarh in ST No.160 of 1996 whereby the appellants are convicted for offences punishable under Sections 306, 498-A of I.P.C and sentenced for seven years rigorous imprisonment with fine of Rs.300.00 and two years rigorous imprisonment with fine of Rs.200.00 respectively. One month's simple imprisonment in default of payment of fine for each count.

(2.) THE prosecution's case in short is that on 8.7.1996 the appellant Uttam Chandra informed the officers of the Police Station Kotwali, Tikamgarh by Merg intimation Ex.P/13 that the deceased Sushma, wife of the appellant Uttam Chandra, had committed suicide by hanging. A panchayatnama lash Ex.P/2 was prepared and dead body was sent for post mortem. Dr. Keshav Singh (PW1) had performed the post mortem and gave a report Ex.P/2 and he confirmed that the deceased Sushma died due to hanging. Kapoor Chand (PW5), father of the deceased, had submitted a written report on 9.7.1996 to the Police relating to dowry demand and harassment done by the appellants to the deceased. An investigation was initiated. Some letters of the deceased were also seized. After due investigation a charge sheet was submitted before the Chief Judicial Magistrate, Tikamgarh who, committed the case to the Sessions Court, Tikamgarh and then ultimately it was transferred to the learned Additional Sessions Judge, Tikamgarh.

(3.) AFTER considering the evidence adduced by the parties the learned Additional Sessions Judge convicted the appellants for offence punishable under Sections 306, 498-A of I.P.C and sentenced as mentioned above.