ASHWINIKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 (2), Cr. PC, feeling aggrieved by the judgment of conviction and order of sentence dated 16-2-1994 passed by the Additional Sessions Judge, Ujjain in S. T. No. 89/90, whereby the appellant has been found guilty under Section 306, IPC and has been sentenced to 7 years RI with a fine of Rs. 1000/-; in default of payment of fine, further ordered to suffer imprisonment for three months.

(2.) THE brief facts of the case are that the appellant accused Ashwini Kumar is the husband of the deceased Urmilabai, married with her on 7-3-1988 at Neemuch. After marriage, both appellant and his wife Urmilabai were living at Ujjain. The appellant accused was doing the business of sale of Sarees. After one year of the marriage, one daughter was born to the deceased Urmilabai. On 16-10-1989 at Ujjain Urmilabai consumed some poisonous substance and gave this poisonous substance to her daughter, aged about 10 months also and both of them died due to consuming this substance. The matter has been reported to the Police Nilganga, Ujjain, on which basis the police has registered a merg for investigation of the unnatural death of Urmilabai as well as the minor child Chetna, prepared the inquest panchnama, sent the dead bodies of the deceased for post-mortem examination. The post-mortem of Urmilabai was performed by Dr. R. C. Sokhiya (P. W. 3) who found that Urmilabai died due to asphyxia. The viscera has been preserved for further chemical examination. The postmortem report is Ex. P-2. Similarly, Dr. Sunil Zamidar (P. W. 15) performed the post-mortem of the minor child Chetna but could not opine for the cause of death. The viscera of this body has also been preserved for further chemical examination. The post-mortem report is Ex. P-16, which has been issued by the aforesaid doctor. For the first time the written report has been sent to the police by Narayanlal (P. W. 14) father of the deceased Urmilabai, which is Ex. D-l, wherein it is stated that the deceased Urmilabai committed suicide due to the cruel treatment of her husband Ashwinikumar, the present appellant accused. On the basis of that Nilganga Police has registered an offence under Section 306, IPC as per Ex. P-17 on 23-10-1989. Thereafter recorded the statement of the prosecution witnesses. The FSL report of the viscera of the deceased Urmilabai and Chetna has been received as Ex. P-3, wherein the poisonous substance "aluminium Phosphide (Sulphas)" has been found in the viscera of the deceased. The appellant accused has been arrested by the police and after due investigation, the charge-sheet has been filed before the Trial Court. The appellant accused abjured his guilt and his defence is of false implication in the case by the police concerned. The learned Trial Court after due appreciation of the entire prosecution evidence on record, vide impugned judgment dated 16-2-1994 found the appellant guilty under Section 306, IPC and sentenced him, as stated hereinabove. Feeling aggrieved by which, the appellant has preferred this appeal.

(3.) I have heard learned Counsel for the parties and perused the record.