PINTU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed on behalf of the appellant under Sec. 374 being crestfallen by the order dtd. 27/2/2019 passed in Sessions Trial No. 682/2015, whereby the appellant has been convicted for the offence under Ss. 498-A and 307 of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') for 1 year and 6 months R.I. and 03 years R.I. with fine of Rs.500.00 and Rs.1,000.00 and default stipulations.

(2.) The Prosecution case in a nutshell is that on 7/5/2015 at night from 01:30 to 02:00, the husband/Pintu @ Harvanshsingh of Kavita strangulated her neck with intention to kill her. Due to which, her breathing was stopped. After too much struggle, she released herself from Pintu/husband and on shouting her, Manjeet Kaur, Manpreet Kaur, Jasveer kaur reached on the spot, who interfered and safe Kavita. They admitted her in the hospital. An FIR was lodged by the complainant bearing Crime No. 319/2015 for the offence punishable under Ss. 307 and 498-A of IPC at Police Station Pardeshipura, District Indore. After completion of investigation, charge-sheet was filed and the case was committed to the Session Judge. Thereafter, the learned trial Court has framed charges against the appellant under Ss. 307 and 498-A of IPC. In turn, the accused/appellant abjured his guilt and prayed for trial.

(3.) In order to bring home the charges, the prosecution has adduced as many as 12 witnesses namely the Kavita, complainanat (PW-1), Manpreet (PW-2), Ramesh Kumar (PW-3), Jasbeer (PW-4), Manjeet Kaur (PW-5), Mahanand Sharma (PW-6), Mahendra Singh (PW-7), Ramkishan Chouhan (PW-8), Pinki Singh (PW-9), R.R. Gamad, ASI (PW-10), Dr. Vikas Mishra (PW-11) and R.C. Khadetiya (PW-12). On behalf of defence, no witness was furnished.