RAMPRASAD LODHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 22.1.1997 passed by the Sessions Judge, Tikamgarh in S.T. No. 17/1993, whereby the appellant has been convicted of offence under Sections 306, 498-A of IPC and sentenced to 5 years rigorous imprisonment with fine of Rs. 1,000/- and 2 years rigorous imprisonment with fine of Rs. 250/-, default sentence was also imposed in lieu of payment of fine.

(2.) The prosecution's case, in short, is that, on 22.1.1992, the deceased Asha Bai, wife of the appellant was taken to the hospital with the report that she had consumed some poisonous substance. However, she could not be saved. Dr. A.K. Naik of Rajendra Hospital, Tikamgarh has sent a merg intimation to the police at Police Station Kotwali, Tikamgarh and it was registered as Ex.P/10. Dead body of the deceased was sent for post-mortem. A team of doctors including Dr. Amitabh Jain (P.W.5) performed the post-mortem on her body and gave a report, Ex.P/5. It was found that she had died due to consumption of Sulphas. After due investigation, a charge-sheet was filed before the JMFC, Tikamgarh, who committed the case to the Court of Sessions.

(3.) The appellant abjured his guilt. He took a plea that he was residing in the house of the deceased as "Ghar Jawai" and he was dependent upon the property of the deceased. He could not do anything and could not abet the deceased to commit suicide. After her death, he was falsely implicated, so that he may not claim the property of the deceased. In defence, Pooran Lodhi (D.W.1) and Ramjan Khan (D.W.2) were examined.